A Boutique Law Firm. Practice Limited to Divorce and Custody.
The Law Offices of Benedict Schwarz, II provides expertise in all areas of Family Law. Our staff understands that the decision to proceed with a divorce is very difficult. We treat each of our clients with respect and concern as we guide them through complicated custody and financial issues.
From our offices in West Dundee and St. Charles, we serve clients throughout McHenry, DuPage and Kane Counties, including the communities of St. Charles, Geneva, Batavia, Aurora, Elgin, South Elgin, Elburn, Burlington, Hampshire, Sugar Grove, Algonquin, Carpentersville, Dundee, Woodstock, Crystal Lake, Huntley, Pingree Grove, Bloomingdale, Wheaton, Winfield, West Chicago and Carol Stream.
Family Law - General
The area of family law encompasses a broad range of legal topics involving marriage and children, including divorce or annulment, post decree (post-divorce) issues, parenting time, orders of protection, child custody and 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.
Benedict Schwarz and his staff work diligently to ensure that each case handled is tailored to the specific needs of the client and the family. We advise our clients on all aspects of their lives that may be changing due to their current situation, including the disclosure of financial assets, business ownership, custody of the children, parenting time and other related issues. We emphasize to our clients that, although they may be restructuring their family unit, any animosity that may arise between the spouses must not be aggravated for the benefit of the family as a whole.
The goal of our firm is to provide our clients with the best representation under the Illinois Marriage and Dissolution of Marriage Act while at the same time listening to our client's needs and concerns. Each and every one of our clients is well-advised and thoroughly informed throughout the pendency of his or her case.
Divorce
Divorce, also referred to as dissolution, is one solution to the breakdown of a marriage. Most people use the word separation interchangeably with divorce. Legally, however, they mean two different things. Couples who separate remain married pending any further action, while those who divorce are officially no longer married. How the couple's assets and debts are divided during a period of separation varies by state and the type of separation that occurs.
At the start of your case, we discuss your specific situation, your goals, and court procedure. A tentative timeline is then established. The many steps that are involved in each divorce proceeding, such as discovery, pleadings and negotiations, are conducted after discussion with you. Our firm handles cases with considerable financial assets, however we also regard cases with modest or few assets as equally important.
The Law Offices of Benedict Schwarz, II will coordinate and 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 the process by which a neutral third party aids two conflicting parties to promote settlement or compromise. Mediation is an effective tool for resolving almost all civil (non-criminal) disputes. Mediation provides disputing parties with the opportunity to identify and cope with interpersonal issues not originally thought to be part of the dispute. In this respect, the mediation process allows parties to grapple with matters that a formal court of law may deem either irrelevant or inappropriate.
Our firm can provide mediation services to both spouses. Benedict Schwarz, II is a Court Approved mediator in both Kane and McHenry Counties with over 400 hours experience. He helped initiate mediation in Kane County, Illinois and was invited by the presiding Judge of the Family Division of McHenry County to aid in establishing court approved mediation in that county as well.
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 Custody
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 support 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.
