Naperville Divorce Attorney
Naperville Divorce Attorney
Divorce is a shock to the family as a whole, but there are things you can do to help make the transition less rocky and more manageable – for everyone. Working closely with an experienced Naperville divorce attorney from the outset can help to ensure that your divorce proceeds as smoothly as possible – and that your financial rights and your rights as a parent are well protected.
Resolving the Terms of Your Divorce
Your divorce will be very specific to you and your family, but the divorce terms that you’ll need to resolve are consistent across all divorces, including (as applicable):
- Your Child Custody Arrangements – Your child custody arrangements address your parental responsibilities, which establish who will be making the important parenting decisions and can be either sole or joint. Additionally, these arrangements address your parenting plan, which determines how you and your divorcing spouse will be dividing your parenting time and parental responsibilities as well as other matters such as communication, travel and relocation.
- The Division of Your Marital Property – Those assets that you acquired as a married couple are considered marital property, and they must be divided equitably (or fairly in relation to the circumstances of your marriage and divorce) upon divorce. The marital assets that would be most valuable in property division are the marital home, brokerage accounts, 401(k)s, pensions and any family-owned business.
- Child Support – Child support is determined according to the State of Illinois’s statutory formulas under the Income Shares Model. Under the Income Shares Model, child support calculations are based primarily on each parent’s earnings and the amount of parenting time each parent has. The higher earner among you, however, is very likely to have a child support responsibility (even if you split your parenting time evenly).Â
- Alimony – Alimony (also known as spousal support or maintenance) are regular payments of support paid to a spouse with less income or earning power. When maintenance is appropriate, it will usually be calculated using a state formula. The duration of the maintenance award is based on the length of the marriage, but in longer marriages maintenance payments may be indefinite or permanent.
Finalizing Your Divorce
In order to finalize your divorce, you’ll need to resolve each of the terms that apply to your situation. If you and your divorcing spouse can negotiate mutually agreeable terms between yourselves, you won’t need the court to make these major decisions on your behalf, which is generally the goal. Even if you are far apart on the issues, however, it doesn’t mean that you’ll need to immediately turn to the court.Â
Your respective divorce attorneys are well prepared to help you find a middle ground between yourselves, but they can also negotiate on behalf of each of you if communications have broken down. There are also alternative dispute options, such as mediation and collaborative divorce, that can help you further explore divorce compromises that may work for you. Â
It’s Time to Consult with an Experienced Naperville Divorce Attorney
Divorce is a major transition for any family, and it’s worth the effort it takes to find a workable solution outside of court (whenever possible). Cameron H. Goodman at Goodman Law Firm is an accomplished divorce attorney in Naperville who understands the challenges you face and who has considerable experience helping clients like you resolve their divorces favorably. To learn more, please don’t wait to contact us for more information 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.