Divorce & Legal Separation Attorneys
Divorce & Legal Separation Lawyers Serving Kane, Kendall & DeKalb Counties
When most individuals take their vows, they tend to believe that they will spend the rest of their life with the person beside them. In reality, a great many marriages tend to fail, and this can happy for a variety of reasons. The important thing to keep in mind is that while the causes behind the divorce might vary, the emotions that one tends to elicit usually don’t. Divorce is a very emotional time, in other words, and one that could have a big impact upon your future if you do not ensure that your rights are being looked after.
In order to make sure that your divorce is completed legally and does not cause you undue stress, you should consider reaching out to an experienced Illinois divorce attorney who understands how to best handle your case. At Van Der Snick Law Firm, LTD we understand just how difficult divorce can be. We are ready and willing to take on your case and work hard so that you do not have to while going through the stress that the dissolution of marriage can cause. Additionally, we will keep track of important filing deadlines and come up with a strategy to help ensure that your financial needs are taken care of, if applicable.
Common FAQs for Dissolution of Marriage
- How long does it take to finalize a divorce? (Click HERE)
- Do I have to prove that my spouse did something wrong?
Answer = Illinois is a no fault state. The only grounds for dissolving a marriage or divorce is irreconcilable differences.
- Does it matter if my spouse was unfaithful?
Answer = Although adultery is a leading cause of divorce, in Illinois it does not matter as Illinois is a no fault state. Therefore, all aspects of a divorce, including allocation of parenting time, support, and property division, etc. – do not consider fault.
- How much does a divorce cost?
Answer = It depends on whether your divorce is contested or uncontested. It is difficult for an attorney to predict how long a divorce will take because we never know what the other side will do. This also holds true for a contested divorce, the longer a divorce lasts = the more fees that are incurred. The cost is closely related to the time (as all law offices work on an hourly basis) – our law firm works hard to be as efficient as possible with your time to the conclusion of your case. An uncontested divorce is normally a lot cheaper as both parties agree on the terms of their divorce. The cost of an uncontested divorce ranges depending on the complexity and specifics of your case. For us to give you a true estimate, we need to understand the details and specifics of your case, as every case is different.
- How is property divided in a divorce in Illinois?
Answer = In Illinois, property isn’t necessarily divided down the middle (50/50). It is divided by the the court in a manner that it deems fair. The court considers outside factors in deciding what property division arrangement is fair and equitable. Some considerations include how long you were married or the individual economic circumstances of each spouse. You can learn more about property division HERE.
- How is maintenance calculated in Illinois?
- How is child support calculated? Do they look at my income only or take my debt into account?
- Will I get to keep the property and/or money I had before the marriage?
- Will my spouse get 50% of my stuff?
- I am paying maintenance and I found out my former spouse is living with someone else that is paying his/her bills. Do I still have to pay?
- My ex won’t let me see my kids, even though the court awarded me parenting time. What do I do?
- My spouse is trying to turn my child(ren) against me. What can I do?
- I am going to receive half of my spouse’s retirement fund as a part of our divorce settlement. How will this affect my taxes?
- What is a QDRO and when do I need one?
- How long after a divorce will I have to pay maintenance to my spouse?
- The mother/father of my children and were never married. If we split up, will one of us still have to pay child support even though we were never married?
- My spouse deserted me and I don’t want to be married to him/her anymore. What are my options?
- I want to get a divorce but my spouse refuses to cooperate. What are my options?
- What is the difference between collaborative law and traditional divorce proceedings?
- Can one attorney handle both sides of a divorce?
In addition to divorce, Illinois recognizes something known as legal separation. When a couple legally separates, they live separately from each other both financially and physically. Note that this does not actually dissolve the marriage. The couple is still married, they simply no longer live together. A legal separation does, however, still take care of issues like property division and child custody – it just does so without the marriage officially ending. Legal separations are not overly common in Illinois, many individuals decide that divorce is simply the better option for them. With that said, an experienced attorney from Van Der Snick Law Firm, LTD can help you obtain a legal separation.
In Illinois, marital property is distributed fairly, although not necessarily equally. This is known as equitable distribution, and it is intended to ensure that spouses receive the property to which they are entitled. Instead of just distributing the property in question between two parties without any consideration as to the actual owner of the property or who has put in the most work to the property, the courts in Illinois take time to consider things like the duration the marriage lasted, the value of the property in question, and even the economic situation of the spouses. They then distribute the property in a way that is fair to both spouses.
Alimony and Child Support
In certain cases, divorces in Illinois might result in an order to alimony, also known as spousal maintenance. Note that the amount of the alimony does not increase should the divorce be an at-fault one. Instead, the court takes the economic situations of the spouses into consideration and makes their ruling based upon their findings.
Should children be involved in the divorce, a child support and child custody agreement will be drawn up as part of the divorce. The non-custodial parent generally pays child support, however parenting time also factors into the court’s decision.
Contact A Top Divorce & Legal Separation Lawyer For Help Today!
For more information about divorce and legal separation in Illinois, contact Van Der Snick Law Firm, LTD today!