Divorce involves more than simply deciding to end a failing marriage. In Illinois, the divorce process includes a number of steps designed to resolve any outstanding issues the couple may have, including custody of any children and division of property. While this process need not be acrimonious, it will go much more smoothly if you work with an experienced Elgin divorce lawyer who understands the family law system in Cook and Kane Counties.
At the SAM LAW OFFICE LLC, we help residents of the Elgin area with all types of divorce cases. Many of our clients seek an uncontested, “no-fault” divorce in which the parties are able to reach a mutually beneficial agreement on the key issues. In other cases, it is necessary to ask a judge to resolve certain matters. Whatever your situation, our skilled, compassionate lawyers will work with you to try and obtain the best possible resolution for you and your family.
One thing to understand about divorce in Illinois is that courts are charged with making an “equitable distribution” of property if the parties cannot reach an agreement themselves. This can prove quite challenging in complex property division cases in which the couple may co-own a business or other high-value assets. A judge will look at a number of factors when deciding what qualifies as an equitable distribution in a given case, such as each spouse’s respective contribution to the marital property, how long the marriage lasted, and whether or not there is an enforceable prenuptial or post-nuptial agreement in place.
A related issue that often comes up in Elgin divorce cases is spousal support or maintenance. The final division of marital property is one factor a judge will look at when deciding if an award of alimony or support is even justified. But once again, every case is unique and requires looking at a number of issues, such as the ability of the spouse seeking maintenance to earn a living post-divorce.
For divorcing couples with minor children, custody and child support are also subjects that need to be resolved in a final divorce decree. A judge will take into account the wishes of the parents or children, but ultimately the court’s role is to decide what is in the “best interest of the child.” As for child support, Illinois maintains specific statewide guidelines that courts must rely upon in the absence of an agreement between the parents.
Even when the actual separation is amicable, divorce is still never easy. The process of unwinding the legal and financial relationships inherent in marriage requires careful attention to detail and a willingness to work with other parties involved toward a beneficial solution. At the SAM LAW OFFICE LLC, we will serve as your adviser and advocate during this process. Contact us today to schedule a free consultation, so we can sit down and learn more about your family situation.