Family Law Attorneys in St. Charles, Illinois

Shaw, Jacobs & Associates, P.C.

555 South Randall Road
Suite 200
St. Charles, Illinois 60174
USA

(630) 584-4800

(630) 513-8565

www.familydivorcelaw.com/

Contact Stephen M. Jacobs

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Law Firm Overview Free Consultation

Shaw, Jacobs & Associates, P.C. provides experienced and professional legal services in all areas of family law and other related issues. We are committed to helping families work through the legal issues involved in a divorce, child related disputes, and property disputes. Our attorneys have over 50 years of combined experience, and we are extensively familiar with all aspects of family law. Whether you are experiencing difficulties and are thinking about speaking to an attorney, or whether a legal action has begun, we can promptly meet with you to listen to your concerns and explain your options, professionally and confidentially.

The legal process is stereotypically stressful and mystifying - TV and media continue to promote images of divorce and family matters, usually in an inaccurate manner and with extreme nastiness. Having handled and resolved family law matters by agreement, through mediation and negotiation and through hearings and trials, we can provide experienced, courteous and competent advice to guide you through and help resolve your issues. At Shaw, Jacobs & Associates, P.C., we fully appreciate the sensitive nature of family law disputes. Many of our clients expressed fear and concern about their situation and with the legal process in general, prior to speaking with us but found relief and confidence after meeting with us to learn the facts about their options and legal rights.

We have represented mothers, fathers, children, witnesses and family members, including celebrities, doctors and other high-income earners, as well stay-at-home moms and the working man. We have represented every walk of life, and it has strengthened our experience and ability to effectively represent you. Many clients are relieved to learn that we have handled their situation before, and that we can offer insight to help resolve difficult circumstances. Let us help you with our experience and insight.

Practice Areas

Additional Practice Areas: Orders of Protection; Property Distribution; Uncontested Divorce and Agreed Orders; Antenuptial Agreements; Dissolution Decree Modification; Enforcement and Contempt Cases or Child Custody Modification; Annulments; Orders for Withholding and Garnishments; Arrearages; Subpoenas; Financial Issues; College Expenses

Practice Areas Description

Shaw, Jacobs & Associates, P.C. provides legal services on the following areas of family law:

- Divorce

"Divorce" is now referred to as "dissolution of marriage" in Illinois. The "law" consists of the statutes, the Illinois Supreme Court Rules, the Illinois Civil Practice Act, the Local Court Rules and in some cases, the Illinois Domestic Violence Act and the Illinois Appellate and Illinois Supreme Court cases interpreting those statutes. The lawyers at Shaw, Jacobs & Associates, P.C., are experienced in handling all divorce and divorce-related issues, including maintenance, property distribution, and tax issues raised by a divorce. We also provide representation in all types of post-divorce actions, such as dissolution decree modification actions, enforcement and contempt cases or child custody modification actions. We work closely with our clients to achieve the best possible result in all divorce actions. We help many clients enforce the provisions of their divorce decree.

- Paternity

In paternity cases, child support, custody and visitation are the main issues. Many cases are filed because the mother is making a claim for child support, or filed because the father wants to establish his parental rights and seek custody or visitation. Paternity establishment is a prerequisite for obtaining a child support order. Some of the Illinois Marriage and Dissolution of Marriage Act laws, such as laws related to child support, custody and visitation are incorporated into the Illinois Parentage Act. There have been changes to these laws in the past several years, especially concerning the establishment of paternity, whether by acknowledgment of paternity or DNA. Many clients confuse these issues with whether or not a father is named on the birth certificate.

- Child Support

Child support payments are used to provide children the same financial security as if their parents were not divorced or unmarried. In Illinois, the process of child support calculation is governed by statute. The Illinois Marriage and Dissolution of Marriage Act provides minimum guidelines for the court to follow in setting child support based upon the payor’s net (after tax) income. Every case is different and many factors are considered in setting support obligations. At Shaw, Jacobs & Associates, P.C., we have significant experience in child support proceedings, including establishing income for support calculation purposes.

- Child Custody

In Illinois we have two types of custody, sole custody and joint custody. Typically, under either sole custody or joint custody, the non-residential parent is required to pay child support to the residential parent. The amount of visitation for the non-residential parent is not affected by the type of custody. In either situation, the non-residential parent may be awarded extensive time with the child if it is deemed to be in the child's best interests. Child custody is often the most difficult and emotional issue arising during a divorce or post-divorce proceeding. With over 50 years of combined experience in handling child custody cases dealing with various issues, the attorneys of Shaw, Jacobs & Associates, P.C., work with clients to achieve the most successful child custody solution possible.

- Child Visitation

Child visitation orders must accommodate the paramount consideration of assuring the child's welfare. The Illinois visitation statute provides that "a parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds after a hearing, that visitation would endanger seriously the child's physical, mental, moral or emotional health." The visitation statute does not contain any standard visitation schedule. However, local court rules may contain standard or suggested schedules. The experienced attorneys of Shaw, Jacobs & Associates, P.C., can help provide a schedule based upon your situation. The court can consider numerous factors in determining visitation rights and scheduling, including the age of the child, the relationship between the parent and child, the distance between the parent and child, the school schedule and any other factors affecting the best interest of the child.

- Adoption

We truly enjoy helping a family through the adoption process. No other area of family law is like adoption. Legally speaking, an adoption creates a legal relationship between a parent and a child and it must be done perfectly in order to be valid. All legal requirements must be completed before the court can grant an adoption. Most of the adoptions we handle involve a parent and their new spouse adopting that parent's child. That process involves terminating the parental rights of the absent parent many times by default or agreement. We can discuss your facts with you to see if there is a sufficient legal basis for your adoption. Other adoptions involve a couple adopting a new born baby or via a placement agency. There are strict rules in adoption cases. Once the adoption is granted, the State of Illinois can issue a new birth certificate to the adoptive parents. We will provide the documents to obtain the new birth certificate.

- Legal Separation

Legal separation and dissolution of marriage are similar in process, but have some significant differences. "Legal separation" is a term of art and refers to the process which results in a "Judgment for Legal Separation." It is primarily for those who are living in separate residences, and do not want to be divorced, but do want a court order setting forth each party's legal rights and obligations. Legal separation judgments often contain provisions related to child custody and support, visitation, property ownership and occupation, maintenance and debt indemnity. Couples who are legally separated remain married unless they take further action.

- Maintenance / Alimony

Maintenance, formerly known as alimony, is financial support paid by one spouse or former spouse to another spouse or former spouse. Maintenance awards can vary dramatically from case to case, county to county, and even Judge to Judge. Maintenance can be very difficult to secure; therefore, it is very important to have an attorney who has significant experience in handling divorce and post-divorce cases and a comprehensive knowledge of the applicable laws. At Shaw, Jacobs & Associates, P.C., we understand that to obtain maintenance, a thorough knowledge of the facts of the case and the law that applies is essential. We make sure that in our initial client consultations, we get as many facts as we can to ultimately secure the possibility of obtaining or increasing maintenance or to defend against a maintenance claim.

- Orders of Protection

"Domestic Violence Orders” are commonly referred to as "Orders of protection" and are entered pursuant to the Illinois Domestic Violence Act. An order of protection can prohibit a person from harassment, physical abuse, verbal abuse, intimidation, or interference with personal liberty and also provide for a "stay away" order. Other relief can be granted, including temporary possession or custody of the children, exclusive possession of the home, financial support, and even may require a party to obtain counseling. An order of protection may provide that a spouse and/or children or other family members are included as "protected persons." Orders of protection can be granted on an emergency ex parte (without notice) basis (on the same day under the right circumstances), or with notice. If an order is entered on an emergency ex parte basis, it must be returnable for hearing within 21 days and served upon the other party. At hearing the order can be extended for any period up to two years, or it can be denied.

- Pre-Marital Agreements

Pre-Marital Agreements are often referred to as Prenuptial or Antenuptial Agreements. Ante is the Latin word for "before," so ante-nuptial agreements are agreements that are entered into before the marriage. Essentially, an antenuptial agreement is a written agreement made prior to the marriage that defines the rights of the parties in the event of divorce, separation or death. Many clients agree that the best time to prepare a fair agreement protecting the rights and interests of each party is before the marriage at a time when the parties are agreeable and cooperative, rather than during a divorce when emotions and distrust prevail.

- Antenuptial Agreements

Antenuptial Agreements often define nonmarital and marital property, and set forth how property will be distributed in the event of a divorce. This can provide each party some certainty and security in the event of a divorce, and can minimize issues at the time of the divorce. The agreement can also create timelines that make sense to the parties. For example, some are reluctant to marry because they have heard those sensational Hollywood stories about the couple that divorce after six months, and the misbehaving spouse received one million dollars, or permanent maintenance. In Illinois the parties may agree in an antenuptial agreement that if they divorce within one year, neither party receives maintenance, or if they divorce within five years or seven years, or any time scale that is fair to them.

- Property Distribution

When dividing property a court must first determine if the property is marital or non-marital. If the property is determined to be non-marital, the court has no authority to award any portion of the property to the other spouse. If the property is determined to be marital then the court must "equitably" divide the property. Generally speaking all property acquired by either spouse after the marriage is presumed to be marital property with the following exceptions: Property acquired by gift, legacy or descent; Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent; Property acquired by a spouse after a Judgment of Legal Separation; Property excluded by valid agreement of the parties; Any judgment or property obtained by judgment awarded to a spouse from the other spouse; Property acquired before the marriage; Increases in value acquired by any method listed above; Income from property acquired by any method listed above.

- Uncontested Divorce and Agreed Orders

We have resolved many cases by agreement, and we have completed uncontested divorces very quickly. We have the necessary experience to make sure the agreement you have is the agreement that ends up in a court order or uncontested divorce order. We can explain the legal terms, and explain what effect the agreed order will have. This includes divorces where all or most of the terms are agreed up front, or where the other party does not participate and is held in default. We handle every type of agreed case. We know what you want and we know what to do.

Attorneys

	Ms. Marcee C. Duvall Attorney Divorce, Family Law		Ms. Tricia D. Goostree Attorney Adoption, Alimony, Child Support and Custody, Child Visitation, Collaborative Law
	Mr. Stephen M. Jacobs Attorney Family Law, Motor Vehicle Accidents, Motorcycle Accident, Personal Injury, Truck Accident		Ms. Erika Rhaden Attorney Adoption, Alimony, Child Support and Custody, Child Visitation, Collaborative Law
	Mr. Mathew G. Shaw Attorney Adoption, Collaborative Law, Divorce, Elder Law, Family Law		Ms. Robin M. Zandri Attorney Adoption, Alimony, Child Support and Custody, Child Visitation, Collaborative Law