Downers Grove Divorce Law Firm
Downers Grove Divorce Law Firm
Divorce represents a transition in your life, the dissolution of a legal contract, and an important event that affects both your financial and parental rights. If you are facing a divorce, it’s important to strategize your way forward – with a well-established divorce law firm in Downers Grove backing you up.Â
The Division of Marital Property
The primary divorce factor related to your financial rights is the division of your marital property, which is that property and those assets that you acquired over the course of your marriage. If either of you brought property into the marriage with you – and kept it separate throughout your marriage – it will likely remain yours alone, along with any appreciation on that property. In Illinois, marital property isn’t necessarily split right down the middle – instead, it must be divided equitably. Equitably does not necessary mean evenly under Illinois law, which means that the matter can quickly become complicated.Â
Alimony
Another financial component of divorce is alimony (otherwise known as maintenance or spousal support), which often applies when a significant income disparity exists between the parties, there exists an impairment of the realistic earning capacity of a party, or another enumerated factor in the statute applies. If the court determines that maintenance should be awarded, then the Illinois maintenance formula determines the amount and duration of maintenance. Â
Child Custody
Illinois now refers to legal custody as the allocation of parental responsibilities and to physical custody and visitation as parenting time, but the basic meanings haven’t changed. The allocation of parental responsibilities have to do with who will be responsible for making important big-picture, life decisions on behalf of the children, including decisions about their:
- Education
- Medical care
- Extracurricular activities
- Religious upbringing
Divorcing parents will need to agree on how to resolve these matters in a parenting plan, a formal document submitted to the court. If there is a dispute over how these responsibilities will be allocated, courts may examine a variety of factors to determine an arrangement that is in the child’s best interest. Court typically won’t deny a parent’s right to spend time with his or her children unless there is a very good reason for doing so.Â
Divorcing couples must also agree on a parenting time schedule. Parenting time refers to the specific days, times, holidays and special occasions each parent will spend time with the children. There are many options for parenting time schedules. Increasingly, parents are leaning toward equal parenting time, especially when both parents historically shared care taking functions for their children. Equal parenting time is not always in a child’s best interests and it may not always be practical or desirable. A experienced Downer’s Grove divorce attorney can advise you on the best parenting time schedule for your family.
Child Support
Child support is based on statutory calculation guidelines, which are structured according to each parent’s financial ability to pay and the number of overnights each parent has with the children. In general, the higher earner will pay child support to the other parent even when the higher earner has less parenting time. Â
Negotiating Divorce Terms
The fact is that you and your divorcing spouse can keep the decision-making process for each of these terms between yourselves – as long as you are able to negotiate terms that you both find acceptable.  Mediation is often employed as a dispute resolution tactic prior to, and sometimes during, litigation. If, however, you and your divorcing spouse are not able to find common ground, you’ll need the court to intervene and make decisions on your behalf regarding whatever divorce terms remain unresolved.              Â
Turn to a Well-Established Law Firm in Downers Grove for the Help You Need
Cameron H. Goodman at Goodman Law Firm in Downers Grove is a trusted and compassionate divorce attorney who takes great pride in protecting the rights of clients like you throughout the divorce process. To learn more, please don’t hesitate to contact us today.
FAQs About Divorce in Illinois
What should I do if I have been served with divorce papers?
If you have received service of divorce papers, contact an experienced divorce attorney to review the documents, understand your rights, and plan your next steps. Time is critical in divorce proceedings, and having skilled legal counsel from the start can make all the difference.
How can I prepare for my initial consultation with a divorce attorney?
Bring documents such as financial records, prenuptial agreements, and a list of any questions you have. Be prepared to discuss your relevant goals and concerns openly and honestly. The more information you provide, the better we can assess your situation and develop a strategy that serves your best interests.
How are collaborative law, mediation, and negotiation different?
- Collaborative law is a structured process where both parties and their attorneys commit to resolving the divorce without going to court. It involves open communication and cooperation, with the goal of reaching a mutually beneficial agreement.
- In mediation, a neutral third-party mediator facilitates discussions to help divorcing parties reach a mutual agreement. Rather than making decisions, the mediator guides the negotiation process toward productive outcomes.
- Negotiation involves discussions between the parties directly or their attorneys to settle divorce terms. Unlike mediation, there is no neutral third party.
What should I expect during the divorce process?
The process typically involves filing for divorce, exchanging information, negotiating terms, and finalizing the agreement. If negotiations fail, courtroom litigation will become part of the process.
What happens if my spouse refuses to cooperate during the divorce?
If your spouse is uncooperative, the court may have to intervene to resolve disputes. At Goodman Law Firm, our attorney has experience in handling contentious cases and will advocate for your interests even in circumstances where spousal cooperation is limited.