Family Law

Divorce

 

Deciding to file for divorce is often one of the most difficult decisions you will
face. Whether it is contested or uncontested, a divorce can have a long-lasting impact on the rest of your life. It can affect your finances, familial relationships, and it has the ability to affect your mental health. You should go into the divorce process fully armed due to the complexities of divorce law.

 

Am I Eligible for Divorce?


1. In order to eligible for divorce, you and/ or you spouse must have resided in the state of Illinois for at least 90 days. You must prove “irreconcilable difference” in order to qualify for a divorce. This simply means the marriage has broken down to the point where it simply cannot be saved anymore. The court assumes that irreconcilable differences exist if the spouses have been living in different places for a lest 6 months.

2. Child Custody and Visitation:

a. Before and after a divorce or a dating relationship, custody and visitation becomes a top concern for parents. Every family case is unique, but parents may share joint custody, or offer a specific scheduled visitation.
b. When one parent has full custody, the other parent may be entitled to visitation rights. Determining the right to visitation can be a complicated process. Prior to finalizing an parenting plan or agreement, a divorce lawyer in Illinois should be consulted to properly consider all legal options, and to ensure that your parental rights are protected.


3. Child Support Maintenance:


a. In Illinois the custodial parent is typically entitled to child support payments from the non-custodial parent. In certain situations the child support payment may be more expensive than a parent can afford. If you are unable to afford child support payments or need assistance with obtaining support payments you should consult with a Illinois family law attorney.

2

Probate

In Illinois the probate process is a court-supervised legal procedure that is typically required after an individual dies. The basic purpose is to determine who inherits the deceased person’s real and personal property and to make sure debts and taxes are paid. Probate is handled by the deceased person’s executor, who must:


- Prove in court that the deceased person’s will is valid
- Identify and inventory the deceased person’s assets
- Pay debts and taxes, and
- Distribute the remaining property as the will (or if there’s not will, state law) directs.

3

Guardianship

In Illinois a person may obtain a short term or long term guardianship over a child or adult after meeting certain qualifications. In general, guardianship is an arrangement where the Court gives an individual or, in some cases, an organization, the legal right to make the decisions on behalf of, and for the benefit of another person. Many families have a loved one with an intellectual or developmental disability, or a loved one that at some point becomes unable to make his or her own personal and financial decisions. An
experienced Roberson Law attorney can assist you with applying for guardianship for your loved one. We can evaluate the type of guardianship that would be most appropriate for your specific situation. Who can be a guardian?


- At least 18 years old
- A resident of the United States (some court will appoint undocumented immigrants),
- Be of sound mind
- Not legally disabled, and
- Not have a felony conviction that involved harm or threat to a child

4

ESTATE PLANNING

We understand that each of our client’s estate planning needs and desires are client specific. That’s why we take the time to meet and to establish rapport with our clients, their families and their trusted advisors. As a result we offer customized estate plans tailored to meet our client’s goals. Our clients are at ease with the knowledge that their personal choices will be honored and enforced. We protect the interests of our individual clients by devising and implementing unique strategies for transferring wealth. We create estate plans to fit particular needs and planning for children and other dependents, reducing the exposure to taxes, business succession and charitable planning. We draft wills, trust agreements, powers of attorney, and
all other family limited partnerships and all other documents required to prepare an effective estate plan.


Our Estate planning practice includes:


- Drafting Last Will and Testament
- Drafting revocable and irrevocable trusts
- Drafting Powers of Attorney
- Estate administration
- Else care planning

5

PERSONAL INJURY

Roberson Law, LLC handles all areas of Illinois personal injury law involving serious injury, wrongful death, and catastrophic vehicle accidents, industrial accidents, workplace injuries, dog bites, medical malpractice, pharmacy errors, wrongful death claims and more. If you or a loved one has been injured don’t hesitate to contact us for a free and confidential consultation and case evaluation.

6

Criminal Expungement and Sealing

In many cases, a criminal charge can be permanently removed or hidden from your record with the assistance of an expungement/ sealing attorney in the Chicago area. Expungement allows you to vacate a criminal offense, permanently, from your record. Everyone offense does not qualify for Expungement. Consulting with an Illinois expungement lawyer at Roberson Law, LLC is one of the best ways to learn whether or not your prior criminal record is eligible for an Expungement. If, after evaluating your case, you and your criminal defense lawyer choose to proceed with the Expungement, you can trust that your lawyer possesses the legal knowledge and experience to effectively expunge the offense from your record. Once the Expungement has taken effect, you can answer “no” to any question asking about a prior criminal conviction with impunity. Legally, it is as though it never happened in the first place. 

If your charges are not eligible for an Expungement, your records may still be eligible for Sealing. Once sealed, your criminal record is kept confidential and can only be reviewed for limited law enforcement and sentencing purposes. In Illinois, sealed criminal history records are not released to employers. Even a disposition of supervision on a DUI matter can prevent you from expunging your records, but not from sealing them. In order to determine which remedy you qualify for, contact our law office today! 

 
 
 
 
 
 

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