Family Law

Family Law in Kendall and Kane County

The area of family law encompasses a broad range of legal topics involving marriage and children.  Such areas may include, divorce, post decree (post-divorce) issues, parenting time, orders of protection, child custody & visitation rights, child support payments, and spousal support/alimony. The practice of family law might also involve adoption, domestic violence, and restraining orders regarding personal property and/or personal safety.

Attorney Carlo D. Colosimo has been practicing in the area of family law his entire legal career.  As a certified Guardian Ad Litem and Mediator Attorney Colosimo is well versed in all issues affecting a family in transition.

The goal of the Colosimo Law Office is to provide our clients the best and most efficient legal representation.  The ultimate decision on how to proceed in any case is left to the client.  However, the Colosimo Law Office provides you with the best and most accurate information to make an informed decision.  Each client is well-advised and thoroughly informed throughout the pendency of his or her case.

Divorce

Divorce, also referred to as dissolution of marriage has become more common in today’s society.  Although the practice is now more common and accepted that does not mean that it should be taken any less seriously.  You only have one opportunity to resolve your divorce to your satisfaction.  It is easier and much more cost effective to properly handle your divorce the first time, rather than make mistakes and then try to change things in the future.  In most cases, the court will not readdresses issues that have previously been settled.  To attempt to handle your divorce alone, or to use the other party’s attorney, is a recipe for disaster.  The other attorney cannot and will not look out for your best interest.

At the commencement of your case, we discuss your specific situation, your goals, and court procedure. The many steps that are involved in each divorce proceeding, such as discovery, pleadings and negotiations, are conducted after a thorough discussion with each client.

The Colosimo Law Office will handle your case with the utmost care and professionalism throughout the entire process of dissolution, including but not limited to the division of marital assets, child custody, child support, parenting time, and marital support/alimony. These issues can be determined by both parties by settlement, or, if that is not possible, the issues will be brought in front of the Court for a trial, or judicial determination.

Mediation

Mediation is a procedure in which a neutral third party assists two conflicting parties in order to promote settlement or compromise. Mediation is an efficient tool for resolving nearly all civil (non-criminal) disputes. Mediation provides the disputing parties the opportunity to thoroughly identify and cope with interpersonal issues that may not have been originally thought to be a part of the original dispute. With this respect, the mediation process allows both parties to grapple with matters that a formal court of law may deem either irrelevant or inappropriate.

The Colosimo Law Office can provide mediation services to both spouses.  Attorney Carlo D. Colosimo is a Court Approved mediator in both the 16th and 23rd Judicial Circuits.  Attorney Carlo D. Colosimo is a graduate of the Northwestern University Family Medication Course from which he has received his certification in family law mediation.

In the area of family law, the mediator is either a lawyer or a therapist. Lawyers acting as mediators do not represent the individual parties, so it is always wise to consult with a lawyer prior to engaging in mediation so you can understand the issues in your case and the process a court would follow.

Child Care

Establishing child custody in a divorce or other separation is obviously a difficult task for parents. Courts deciding child custody and visitation matters will make rulings based the “best interests of the child (or children).” The phrase “best interests of the child” governs all aspects of child custody and visitation. Determining the best interests of a child depends upon many factors, including the child’s age, mental and physical health, health of parents, lifestyle and other social factors of parents, and the love and emotional ties between parent and child.

There are two distinct types of custody: legal and physical. Legal custody (sole or joint) has no bearing on the physical custody of a child, and instead refers to the right and responsibility to make decisions about the rearing of the child.

Child Support

Child Support is the amount of support that a non-custodial parent is required by statute to pay to the residential parent of a child. Child support is generally paid until a child is “emancipated” (reaches the age of majority) or when a variety of other circumstances arise.

Our firm maintains the latest software technology to determine the proper amount of child support to be paid based on the correct net income of the paying parent, the specific percentages set by the Illinois law based on the number of children, and other numbers that factor into the appropriate amount of child support.

Maintenance

Maintenance (formerly called alimony or spousal support) is a regular payment made from one spouse to the other during a separation or after a divorce. The amount paid by one spouse to the other will be set forth in a Court Order or the final Judgment for Dissolution of Marriage. Often there will be a fixed date when the maintenance ends; however, some awards may be permanent. Most awards of maintenance, however, are subject to termination events as set forth by statute. If an award of maintenance is modifiable and you would like to request a change, you must petition the court for that determination.

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