Family Law

Foley Kelly Law offers a comprehensive family law practice, representing clients in St. Clair county and surrounding areas in matters of:

We are skilled in all areas of family law and legal matters related to interpersonal relationships. Foley & Kelly law is dedicated to giving our clients the quality legal representation they deserve to achieve the most favorable outcomes through sensitivity and expert knowledge of Illinois family law. Family law often involves complex matters of intense and difficult emotions. We provide the personal attention and integrity you need at some of the most difficult times in the life of your family and help navigate the complex roads that comprise practice areas from divorce to child custody.


The legal termination (or dissolution) of a marriage can be one of the single most difficult periods in a person’s life. The decisions that must be made are many and pivotal to your future and the future of any children of the marriage. The process of divorce is often just as complex as are the wildly disparate emotions at work in the parties involved. From decisions of where to live to division of assets to child custody and child support, the choices parties in divorce must grapple with can be excruciating and with frayed emotions and conflict and trauma abounding, you need an attorney that is not only experienced, but compassionate and dedicated to providing the best representation possible for their clients in such a difficult legal and marital conflict. The family law practice at Foley Kelly Law provides clients consistent and comprehensive legal counsel with experienced attorneys that work tirelessly to negotiate on your behalf to achieve the most favorable outcome possible in your case.

Child Custody

The issue of child custody in Illinois family law has recently undergone some very important changes that underscore the Courts’ desire to achieve what is “in the best interest of the child” in these cases. The term “child custody” has been replaced with “allocation of parental responsibility” in Illinois family law. And that points to a distinct effort by the Courts to incorporate both parents in decision-making for the child and the child’s life. The term “visitation” has also been stricken from the law when referring to parental interaction with a child. It has been replaced with the phrase “parenting time” which denotes a distinct desire to focus more on facilitating quality interaction with the child and less on sterile legal designations that strip away the level of importance a parent has in a child’s life. While in the past, the primary residential parent may have automatically been allocated the lion share of decision-making in a child’s life, that is no longer necessarily the case based on new changes to Illinois Family Law. Each case is looked upon individually based on the merits of that case, the parents, the child and circumstances that prevail in their lives. What the Courts seek to do is create the allocation of parental responsibilities that incorporate both parents acknowledging that when both parents are involved intimately in the child’s life, the child thrives. Navigating the difficult terrain of family law and child custody is exceedingly difficult without an experienced family law attorney. We offer a wealth of experience and compassion when supporting our clients in their efforts to work with the courts to achieve the what is in the best interest of the child.

Child Support

Managing the complexities of family relationships can be terribly stressful in and of itself. Managing legal conflicts involving family relationships can be a nightmare. When children are involved, emotions become charged. Mix that with financial demands and you have an unfathomably difficult situation. When child support becomes an issue, you need an experienced attorney who provides individualized support and aggressively pursues the resolution you need to get on with your life. Likewise, if circumstances prove too overwhelming for existing support orders to sustain, a skilled family law attorney can help negotiate a modification that addresses your child’s or children’s needs today.


Paternity in the State of Illinois is dependent upon a number of different factors. The question of paternity is often pivotal to the best interests of the child. Paternity can be key in determining “parenting time” (i.e. visitation), child support and issues of custody. Establishing paternity and enforcing the responsibility thereof can be a very difficult issue. Illinois Statute 750 ILCS 45/5 prescribes that a man is presumed the natural father of a child if the following conditions are true:

When questions about paternity arise, it’s vitally important that parties consult an experienced attorney to not only receive the best representation possible, but also to secure the outcome that is in the best interest of the child.

Property Division

Considered an equitable division state, property division in the State of Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act, which defines marital assets as property acquired by either spouse after the marriage. However, myriad factors may make what you might consider marital property non-marital property. Not only is non-marital property defined as property acquired before the marriage by either spouse, but also property obtained by gift, legacy or descent; in exchange for property acquired before the marriage or in exchange for property through gift, legacy, or descent; property accumulated by a spouse after a judgment of legal separation; property specifically excluded by a legal agreement between the individuals through either a settlement, decree, or nuptial agreement; property attained before the marriage; and any judgment or property acquired by judgment given to one spouse from the other. These and other factors complicate considerably the process of property division in the event of a divorce.It’s important that you have a legal advocate that will fight for all that you are entitled to. We know the law and understand the complexities that help to determine marital and non-marital property (ex. Some actions by non-marital property owners may indeed “transmute” that property into marital property). You need a skilled and knowledgeable family law attorney that will fight for you and help secure the best outcome for you and for your children.