Adoption: Adoption creates a new, permanent parent-child relationship where one did not exist before. It can also be used to formalize an informal relationship, such as that between a stepparent and stepchild. Our attorneys are pleased to help families grow through the process of adoption. We also represent biological parents regarding termination of parental rights.

Appeals: Several attorneys at Kamerlink, Stark, McCormack & Powers, L.L.C. have extensive experience prosecuting and defending appeals in the area of matrimonial law. We will thoroughly examine the record of evidence that was presented to the trial judge, and the law that the trial court applied to that evidence, in order to counsel clients deciding whether to appeal a ruling.

Business Valuation: Many families own and operate their own businesses during their marriage. Some are opened prior to the marriage and some are opened during the marriage. The issue of dividing or selling a family-owned business during a divorce has the potential to be very complex. Our attorneys have extensive experience with divorces involving family-owned businesses. We work closely with the client and our network of accredited business valuators to help determine the value of the closely-held business, and the process for transferring ownership from one member to another.

Child Custody and Visitation: Courts are faced with extremely challenging decisions when parents cannot agree on what is in the best interest of their children. Child custody and visitation disputes can be some of the most emotionally charged issues when relationships between parents fail. At Kamerlink, Stark, McCormack & Powers, L.L.C. we are highly skilled in litigation of child-related issues, but also have extensive experience resolving these matters outside of court. We have formed productive relationships with a host of other professionals assisting families, such as therapists, educational psychologists, and mediators, so that families receive the most comprehensive assistance available while in crisis.

Child Support: In Illinois, the court may order either or both parents to pay child support. Illinois uses a guideline support formula to determine a parent’s support obligation. This percentage gradually increases based on the number of children. The support obligation is typically applicable until the child turns eighteen years old, or for any child under nineteen who is still attending high school. The court, after considering the best interests of the child, is entitled to deviate from the guideline support formula, but must explain the reasons for such deviation. Factors to be considered by the court include the financial resources of both the parent and child, as well as the physical, emotional, and educational needs of the child.

Collaborative Law Collaborative Law is a process for parties who desire a non-adversarial alternative to divorce litigation. The parties retain collaboratively-trained attorneys who are not affiliated with one another. The parties and attorneys form a team and sign a contract committing to work together outside of court. The contract requires that the parties retain new counsel should collaboration fail and the parties proceed to litigation. The collaborative process frequently involves additional experts, such as a neutral financial professional, a divorce coach, or a child specialist. The parties have numerous team meetings with some, or all, of the professionals, to attain a full negotiated settlement in a respectful way. Much like mediation, in the collaborative process all personal and financial information is kept private and not in the public record. Very often, collaborative divorce preserves wealth by avoiding expensive litigation. More importantly, the children’s best interests are respected, and paramount in the process. After extensive training, Beth Fawver McCormack and Mary Beth Powers became Collaborate Law Fellows of the Collaborative Law Institute of Illinois and the International Association of Collaborative Professionals. More information can be found at www.collablawil.org and www.collaborativepractice.com.

College Expenses: Illinois law provides that a judge may order divorced parents to contribute to the payment of college expense for their child(ren). These expenses may include, but are not limited to, room, board, dues, tuition, transportation, books, fees, registration and application costs, medical expenses including medical insurance, and living expenses during the school year and periods of recess. Unlike child support, judges are given discretion when ordering parents to contribute to college expenses. Our attorneys have represented clients in countless cases involving the issue of a parent’s contribution to college expenses.

Dissipation: Dissipation of marital assets occurs when one spouse uses marital property for personal benefit when a divorce is imminent. For example, when marital assets are spent on a spouse’s paramour, or on some other non-marital purpose, without the other spouse’s awareness or consent, dissipation may have occurred. A husband or wife who has dissipated funds may be required to reimburse the marital estate. The attorneys at Kamerlink, Stark, McCormack & Powers, LLC possess the skill to review complex financial records and identify potentially dissipated assets therefrom. When necessary, we align with forensic accountants to ensure our clients receive the most sophisticated advice and representation on this issue.

Domestic Violence and Orders of Protection: In 1986, Illinois enacted the Domestic Violence Act to protect and assist victims of domestic violence. The Act seeks to support the efforts of victims of domestic violence to avoid further abuse by granting certain remedies, such as restricting the abuser’s access to the victim, and addressing issues of child custody and economic support. One purpose of the Act is to help victims avoid being trapped in abusive situations because of a fear of retaliation, financial dependence, the loss of contact with a child, or lack of access to alternate housing. Our lawyers have extensive experience both in advocating for victims of domestic violence, and in defending those that may have been wrongly accused. Several of the attorneys at Kamerlink, Stark, McCormack, & Powers, LLC., regularly volunteer their time in the Cook County Domestic Violence courtrooms, assisting the judges by conducting order of protection hearings for the litigants.

Grandparent Visitation: A grandparent whose visitation with a minor grandchild is unreasonably denied by the child’s parent(s) may be granted court-ordered visitation if certain circumstances are present. When a grandparent seeks visitation through the courts, a number of factors set forth by Illinois law are considered. The court’s determination of whether to order grandparent visitation is a fact-specific endeavor, and is based on the combined circumstances of the child, parent(s), and grandparent(s).

Legal Separation: For people who do not want to continue to live together, but do not want to end their marriage, the State of Illinois allows married people to obtain a legal separation. The attorneys at Kamerlink, Stark, McCormack and Powers, L.L.C. can counsel clients regarding various scenarios in which legal separation might be the best option.

Maintenance/Alimony: Maintenance, formerly known as alimony, is financial support paid from one spouse to the other incident to a divorce or legal separation. Unlike child support, which is frequently set at a percentage of the payor’s net income in accordance with certain statutory guidelines, the amount and duration of a maintenance award is discretionary with the court, and is based on a variety of relevant factors. These factors may include, but are not limited to, the following: the length of the marriage, the age of the parties, the physical and mental condition of each of the parties, the standard of living established during the marriage, the needs of each party, the present and future earning capacity of each party, the income of each party, the property of each party, any impairment to the present and/or future earning capacity of each party, contributions and services to the education, training or career of the other, and any other factor that the court deems relevant. Marital misconduct, however, is not a relevant factor for the court to consider in awarding maintenance.

Mediation: We have several trained mediators at KSMP and we are often appointed as a mediator by attorneys, judges and parties in order to avoid litigation. A mediator is a neutral third party who is often a licensed attorney. It is our role as mediator to help the parties find common ground and reach a fair settlement. This often takes several meetings with an agenda for each outlining the issues the parties must resolve. The mediator produces a document which outlines the parties’ agreements in a summary form which is then taken to their attorneys who will prepare a Judgment for Dissolution of Marriage for presentation to the Court. Mediation requires dignity and mutual respect. It is our goal as a mediator to help the parties stay focused and positive. You have the benefit of the process being private which allows the family anonymity and the ability to be discreet. Anything said in mediation is confidential and protected from public disclosure. Mediation allows the parties to maintain control over their future rather than having a third party make decisions for them.

Paternity: Millions of children are born each year to unmarried parents. In such cases, a plethora of legal issues may be presented, including determining the existence of the “parent and child relationship,” a child’s right to financial support, and the rights of the custodial and non-custodial parent as it pertains to custody and visitation. The attorneys of Kamerlink, Stark, McCormack & Powers are experienced in prosecuting and defending the legitimacy of parent and child relationship claims, child support, custody and visitation.

Post-Divorce Enforcement: The entry of a Judgment for Dissolution of Marriage is often not the end of disputes between divorcing spouses. As the bonds of matrimony are dissolved, a new relationship is forged between divorced spouses. Many financial and custody- related matters that arise after a divorce involve even greater complexity than the issues presented before the divorce decree was entered. The attorneys at Kamerlink, Stark, McCormack & Powers, L.L.C. are experienced in post-divorce disputes and understand the legal and practical nuances of both pre- and post- divorce proceedings.

Prenuptial/Postnuptial Agreements: A prenuptial agreement (also referred to as an antenuptial agreement, or premarital agreement) is a written contract made between two parties in contemplation of marriage, which becomes effective upon their actual marriage. A postnuptial (also referred to as a postmarital agreement) is a written contract made between two parties subsequent to their marriage, which becomes effective upon the execution of the agreement or upon another condition established by the parties. Both prenuptial agreements and postnuptial agreements seek to govern the interests and property of the parties in the event of divorce or legal separation. Parties may contract with regard to their respective rights to property during the marriage, upon death or upon any proceeding to terminate the marriage, the modification or elimination of spousal support, the construction of a will or other estate planning device, ownership rights to the death benefits of a life insurance policy, choice of law regarding construction and enforcement of the agreement.

Property Valuation and Distribution: Distribution of property is one of the more difficult aspects of a divorce. In determining how property should be distributed, it is first necessary to classify whether the property is marital property, or non-marital. Marital property typically includes all property acquired by either spouse after the marriage and before a judgment for dissolution of marriage. Non-marital property, which is typically property acquired before the marriage or received by inheritance, will not be subject to division upon divorce. Illinois is an equitable distribution state, which means that the court decides how the property should be distributed on a case-by-case basis. Property disputes encompass a vast array of issues from real property, such as real estate, to bank accounts, pensions or retirement accounts. It is important to note that if one party takes or uses marital property for their sole benefit for a purpose unrelated to the marriage, the other party may be entitled to reimbursement.

Removal: A child may be permanently removed by one parent from the State of Illinois if the removal is in the child’s best interests. Removal of a child from the State of Illinois is not easily or routinely granted, and is decided on a case by case basis. The heightened emotions in such cases make the prosecution or defense of such cases extremely challenging. The attorneys of Kamerlink, Stark, McCormack & Powers are cognizant of the difficulty of such cases, and are prepared to successfully defend or prosecute a petition for removal.