Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Contact the Chicago Family Law Attorneys of Gardiner Koch & Weisberg to find out how they can help guide you through the legal process.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court. 

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death. 

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation. 

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent. 

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation. 

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines. 

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate. 

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state.  Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

Professional Profiles

If you or someone you know needs the representation or legal advice of an experienced Chicago Family Law Attorney, please contact Gardiner Koch & Weisberg today at 866-435-5814, or complete the contact form provided on this site to arrange for your initial consultation.

FIRM ADDRESS:
Gardiner Koch & Weisberg
53 W Jackson Blvd Ste 950
Chicago, IL 60604-3849
Phone: 866-435-5814
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Lynn Weisberg

EDUCATION:

• Law School | 1993
  Northwestern University School of Law, J.D.
  Editor-in-Chief, Journal of Criminal Law and Criminology, 1992-1993
• Post-Graduate Degree | 1986
  Northwestern University Medill School of Journalism, M.S.J.
• College | 1985
  University of Wisconsin-Madison, B.A. with honors

BAR ADMISSIONS:

• Illinois | 1993

COURTS ADMITTED:

• U.S. Supreme Court
• U.S. District Court, Northern District of Illinois
• Illinois Supreme Court

PROFESSIONAL MEMBERSHIPS:

• Illinois State Bar Association
• Chicago Bar Association

PRACTICE AREAS:

• Family Law
• Divorce
• Child Custody
• Spousal Support
• Adoption
• Visitation Rights
• Real Estate
• Estate Planning
• Medical Malpractice (OB-GYN)

Lynn joined Gardiner Koch & Weisberg in 1993 and quickly established herself as the firm's family law expert. She has considerable experience in divorce, custody, spousal support and visitation matters, adoption, paternity actions, and pre- and post-marital agreements, as well as other areas affected by divorce: estate planning, real estate, and general litigation. Lynn is on a court-approved list of child's representatives and is frequently appointed by judges to represent the interests of children in cases involving contentious custody and visitation litigation.

Lynn joined the firm after graduation from the Northwestern University School of Law, where she was the Editor-in-Chief of the Northwestern University Journal of Criminal Law and Criminology. She also was the first prize winner of the Lowden-Wigmore Prize for Legal Scholarship in 1993. Prior to her law studies, Lynn received a Master's from Northwestern University's Medill School of Journalism; she graduated with honors from the University of Wisconsin-Madison in 1985.

Lynn is a vice president of the Community Foundation for Jewish Education of Metropolitan Chicago. She also serves on the Board of Directors of The Enterprising Kitchen, a non-profit organization that provides underprivileged women with job skills and economic independence.

MEMBERS OF THE FIRM:

• Thomas G. Gardiner

EDUCATION:

• Law School | 1981
  Northwestern University School of Law, J.D.
  Editor-in-Chief, Journal of Criminal Law and Criminology, 1980-1981
• College | 1978
  University of Illinois; B.S. with highest honors. Recipient, Outstanding Finance Student Award
  

BAR ADMISSIONS:

• Illinois | 1981
• Wisconsin | 1986
  

COURTS ADMITTED:

• U.S. Supreme Court
• U.S. Court of Appeals, Seventh Circuit
• U.S. District Court, Northern District of Illinois
• Illinois Supreme Court
• Wisconsin Supreme Court
  

PROFESSIONAL MEMBERSHIPS:

• Chicago, South Suburban, DuPage County, Kane County, McHenry County, Illinois and American Bar Associations
• State Bar of Wisconsin
• Illinois Trial Lawyers Association
• American Trial Lawyers Association

PRACTICE AREAS:

• Litigation
• Personal Injury
• Product Liability
• Wrongful Death
• Civil Rights
• Nursing Home Litigation
• Employment Law
• Business Litigation

A graduate of Northwestern University School of Law, Tom has distinguished himself since launching his career as a lawyer in 1981. He has represented injured persons in a wide range of matters, including medical malpractice, personal injury, products liability, and wrongful death litigation, as well as civil rights actions, and nursing home litigation. In addition, Tom handles a wide variety of litigation, including employment, municipal law and intellectual property. He also serves as outside general counsel for dozens of companies.

Prior to entering private practice, he spent six years with the Cook County State's Attorney's Office, and served as a supervisor in the Public Integrity Unit under then-State's Attorney Richard M. Daley. Early in his career, Tom clerked for Judge John F. Grady in the U.S. District Court, and worked at Sidley & Austin (now Sidley Austin Brown & Wood) and McBride Baker & Coles (now Holland & Knight).

Tom serves as an Adjunct Professor of Trial Advocacy at Northwestern University School of Law, and has taught as a guest instructor at other schools. He is a past president of the South Suburban Bar Association and a former Trustee of both the Village of Glenwood and Prairie State Community College. He is presently a member of the Town of Linn Safety Commission.

MEMBERS OF THE FIRM:

• Jennifer N. Miller

EDUCATION:

• Valparaiso University, Bachelor of Science, 2001
• Loyola University Chicago School of Law, Juris Doctor, 2006                          

BAR ADMISSIONS:

• Illinois | 2006