Family Law is a broad category that is not necessarily dependent upon a marriage or civil unions.
The terms “Family Law,” “Matrimonial Law,” and “Divorce” are sometimes used interchangeably; however, they are different. Family Law is a broad category that is not necessarily dependent upon a marriage or civil unions. For example, paternity, adoption, juvenile abuse or neglect, domestic violence proceedings, as well as custody/visitation controversies involving non parents (i.e. grandparents or siblings) fall into Family Law in addition to divorce/dissolution of marriage. Matrimonial Law is more specialized and relates to controversies that arise out of the marital type of relationship. With civil unions being legalized in Illinois, their dissolution is governed by the Dissolution of Marriage Act as well. Ironically, that would now be part of Matrimonial Law. This term is also not restricted to dissolution of marriage or a civil union, but would also encompass, for example, legal separation, a declaration of invalidity (formerly annulment), pre- and post-marriage or civil union agreements, the modification of judgments, the enforcement of judgments, and the like.
Divorce (in Illinois referred to as Dissolution of Marriage) is essentially the same as matrimonial law. Matrimonial law is a more modern term used instead of divorce law, and is considered as part of the trend to make dissolutions of marriage less hostile.
Schiller DuCanto & Fleck is preeminent among Chicago family law firms in providing skilled and sensitive services to clients in all three of these areas. With three convenient office locations, our Chicago divorce attorneys have the experience and knowledge to handle your divorce proceedings with the utmost professionalism and sensitivity.
Marriages: Thanks to the historic United States Supreme Court decision in Obergefell v. Hodges decided in 2015 marriage is no longer limited to heterosexuals. This expands the same rights and responsibilities to the LGBTQ community concerning marriage and divorce as those of heterosexual marriage.
Maintenance, or spousal support, is a payment that one spouse can be ordered to make to the other spouse in order to provide support to a spouse who is not capable of supporting him or herself in the marital lifestyle after the marriage ends.
The best result in any family law matter is a negotiated settlement. Divorce is a unique type of adversarial proceeding in that often the parties must deal with each other for many years following the dissolution of their marriage, especially if they have children.