Carol Stream, IL Divorce Lawyers
Divorce Attorneys for Child Custody, Property Division, and More in Carol Stream
Getting a divorce can be complicated. Legally ending a marriage will involve various factors, including child support, asset division, and relocation. Understanding your rights and options can help you make informed decisions about your future. By having an experienced legal advocate to guide you through these issues, you can navigate your divorce with confidence.
At Mevorah & Giglio Law Offices, we will assist you throughout each step of your divorce, and we will provide compassionate representation that is focused on your best interests. Whether you are pursuing a simple divorce or dealing with more intricate legal matters, we are here to help you achieve a fair resolution.
Types of Divorce in Illinois
As you take steps to end your marriage, understanding how you will approach your divorce will be important. The type of divorce you pursue will affect both the timeline and the overall cost of your case. Depending on your situation, you may choose to pursue one of the following options:
- Uncontested Divorce: This option is best for spouses who agree on all major issues, such as property division, child custody, and financial support. This process is usually quicker and less expensive because it avoids the need for litigation.
- Contested Divorce: This type of divorce will require court involvement to reach a resolution. If there are disagreements on key issues that you and your spouse cannot resolve, you may need to take your case to court.
- Mediated Divorce: You may opt for mediation, and a neutral third party may help you and your spouse work through your disagreements. Mediation can provide a less adversarial way to settle disputes.
- Collaborative Divorce: In a collaborative divorce, you and your spouse will work together with your respective attorneys, committing to resolving disputes outside of court. This option can be beneficial if you are looking for a more amicable solution.
Child Custody
Child custody is a primary concern in any divorce involving children. Illinois courts prioritize the best interests of the child when determining custody arrangements, which include:
- Physical Custody: This refers to where the child will live. Parenting time will typically be divided between the parents in a way that will allow each parent to maintain a positive ongoing relationship with the child.
- Legal Custody: This concerns how parents will make important decisions while raising their children, including addressing concerns related to medical care, education, and religious practices. Most of the time, legal custody will be shared between parents, although one parent may have primary or sole authority to make decisions in certain areas.
Parenting Plans
A parenting plan outlines how parents will share responsibilities and make decisions for their children after divorce. It must be approved by the court, and a judge will review the terms to ensure that the plan prioritizes the child's best interests. A clear and thorough plan can reduce conflicts between parents and provide stability for the child. It typically includes:
- A detailed schedule for parenting time
- Guidelines for how parents will make decisions about the child's education, healthcare, and other significant matters
- Procedures for resolving disputes between parents
Child Support
In Illinois, both parents are responsible for financially supporting their children. Child support is calculated based on formulas that will consider the income earned by both parents and the needs of the child. The court will take into account factors such as:
- Each parent's gross income
- The amount of time the child spends with each parent
- The child's educational, medical, and day-to-day needs
Child support orders may also be modified in the future if you, your ex-spouse, or your children experience a significant change in circumstances, such as a job loss or a change in parenting time.
Relocation and Divorce
Relocating with a child after a divorce can lead to disputes, particularly if one parent is concerned about how a move will affect their parenting time. Illinois law requires a parent who wishes to relocate with their child to provide notice to the other parent and obtain court approval if the move is beyond a certain distance. The court will consider several factors when deciding whether to grant the relocation request, including:
- The reason for the move
- The impact on the child's relationship with the other parent
- How the move will affect the child's overall well-being
Property Division
Illinois follows the principle of equitable distribution when dividing marital property during divorce. This means that the division does not necessarily have to be equal, but it should be fair. One of our attorneys can help you ensure that you receive a fair share of assets by considering factors such as:
- The length of the marriage
- Each spouse's financial situation
- Contributions made by each spouse to the marital estate (including non-financial contributions, such as homemaking or child-rearing)
- Any agreements, such as prenuptial or postnuptial contracts
Our team will work diligently to properly appraise and divide your assets according to Illinois law. We can help you address assets such as real estate, retirement accounts such as 401(k)s or IRAs, investments, business interests, and personal property, including vehicles and valuable collections.
Contact Our Carol Stream, Illinois Divorce Attorneys
If you are preparing for a divorce in Carol Stream, IL, Mevorah & Giglio Law Offices is here to assist you with every aspect of the process. From child custody to tax considerations, we will provide you with legal guidance tailored to your unique situation. Contact us today at 630-932-9100 to schedule a free consultation and learn how we can help you protect your future.