Maribeth Olenski

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Map & DirectionsDirections161 N Clark StChicago, IL 60601 Write a ReviewWrite Review

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Neighborhoods: Central Chicago, The Loop
AKA: Olenski, Maribeth, JD
Categories: Divorce Attorneys, Adoption Law Attorneys, Attorneys, Child Custody Attorneys, Criminal Law Attorneys, Family Law Attorneys, Wills, Trusts & Estate Planning Attorneys

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Phone: (312) 621-9700

Address: 161 N Clark St, Chicago, IL 60601

Maribeth Olenski

Family Law

Divorce
Divorce is a legal action initiated to dissolve a marriage. It can be complicated but it does not always have to be contentious. Depending on whether the parties can agree, the dissolution of a marriage can be accomplished through either an uncontested or a contested divorce.
Child Support
Parents have an obligation under the law to financially support their children. This is true whether the mother and father are married, legally separated, divorced, or were never married. A parent who fails to pay court-ordered child support can be held in contempt of court and could face other criminal penalties.
Child Custody and Visitation
Both marriage and civil union are legal for same-sex couples and different-sex couples in Illinois. When a relationship breaks down, the process of dissolving a civil union is similar to the process of dissolving a marriage. Division of property, child custody, and other issues will be resolved upon termination of the civil union.
Adoption
Paternity
Many paternity cases are filed by the mother to secure child support payments from the father. However, some are filed by fathers who want a relationship with their children. Executing a Voluntary Acknowledgement of Paternity (VAP) when the child is born does not give a father custodial or visitation rights but only serves as a basis for child support. Typically, paternity is determined through DNA testing, after which an order is entered with the court declaring the existence of a biological relationship. A family law lawyer can assist either the mother or the father in a paternity case.
Premarital Agreement
Prenuptial agreements: This type of written contract is entered into between the spouses before the marriage. Typically, a prenup designates how assets and debts would be divided if the couple should decide to divorce at a later date. LGBTQ couples can benefit from prenuptial agreements as much as different-sex couples. Although the idea of a prenup is not very romantic, it can actually strengthen the relationship by opening communication, providing future security, and clearly establishing who has control of which assets.
Guardianship
Guardianship is the legal authority to make decisions for another person. This legal process is used when an individual is unable to make or communicate sound decisions about their own person or property. It may be necessary in the case of a person with mental, physical, or developmental disabilities.
Spousal Support
Spousal maintenance, formerly called alimony, is a payment made by one spouse to another during or after divorce proceedings. A judge may determine that maintenance is appropriate when there is a discrepancy in the spouses’ incomes. The goal is to put both spouses in financial situations as close to equal as possible after a divorce.
Legal Separation
Legal separation and divorce are two similar legal procedures that can resolve many of the same issues, with one major difference. Divorce legally ends a marriage, while legal separation does not.
Annulment
As mentioned, a person determined to be mentally incapacitated cannot file for divorce. If a spouse is not capable of understanding the nature of divorce proceedings or determining whether they want a divorce, that spouse lacks the capacity to divorce. However, a judge can annul a marriage that should not have been allowed in the first place. A mentally incapacitated spouse may be eligible for annulment. The same is true for a spouse who got married under the influence of alcohol or drugs. However, you must request an annulment within 90 days of discovering the grounds.

Criminal Law

Criminal Defense
“A party to a civil union is entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded or recognized by the law of Illinois to spouses, whether they derive from statute, administrative rule, policy, common law, or any other source of civil or criminal law.”
Fraud
If both parents claim the same child on their annual tax returns, it could trigger an IRS audit and delay the processing of the returns. If a parent claims a child knowing they are not qualified to do so, that parent could be charged with tax fraud and face serious felony penalties. If the divorce decree contains a provision stating which parent is entitled to claim a child as a dependent, a parent who claims a child in violation of that court order could be held in contempt of court.
Misdemeanors
Depending on the specific offense, failure to support may be charged as a misdemeanor or a felony. Upon conviction, a parent who failed to meet child support obligations could be facing imprisonment, fines, and restitution.

Trusts and Estates

Estate Planning
Financial Affidavit: Each divorcing spouse is required to complete a Financial Affidavit for the benefit of the court and the other spouse. This is a comprehensive financial disclosure form approved by the state Supreme Court. The parties are required to attach supporting documentation to the form. These documents may include pay stubs, bank statements, appraisals, deeds, mortgages, insurance policies, retirement account records, tax returns, estate planning documents, and any prenuptial or postnuptial agreements.

Finance Law

Tax Law

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