Clarendon Hills, Illinois Divorce Attorneys
Divorce Lawyers for Custody Disputes, Asset Division, and More in Clarendon Hills
Divorce is one of the most significant and life-altering issues you may ever face. The process of legally terminating your marriage will involve a range of complex issues, from child custody and child support to property division, spousal maintenance, and, in some cases, relocation. Navigating these challenges will require you to understand your legal rights and responsibilities, and you will want to make strategic decisions to ensure that you can secure the best possible outcome.
At Mevorah & Giglio Law Offices, we can provide the legal help you need during your divorce, and we will always make sure you fully understand your options. We provide results-driven representation, and we will work tirelessly to achieve a fair and reasonable outcome for you. Whether you are involved in a contentious dispute or are pursuing an uncontested divorce, we are here to protect your rights and guide you through each step of the legal process.
Understanding Divorce Options in Illinois
There are several avenues available when you are seeking a divorce, depending on the circumstances of your relationship and the issues involved in your case. The options for resolving your divorce include:
- Uncontested Divorce: If you and your spouse agree on all major issues, you can create a divorce settlement and file it in court. This is often the most efficient option, because it avoids the need for court involvement.
- Contested Divorce: If you and your spouse cannot reach an agreement on key issues, court involvement may be necessary. In these cases, a judge may be required to settle disputes, which can extend the length of the process and lead to additional costs.
- Divorce Mediation: Rather than resolving disputes in court, you and your spouse may work with a neutral third party to negotiate mutually acceptable terms. Mediation can help reduce conflict and preserve a working relationship, which can be beneficial when children are involved.
- Collaborative Divorce: If you use this option, you and your spouse will work to reach agreements with the help of attorneys representing each party. You will make a commitment to resolve issues outside of court. Collaborative divorce is often less adversarial than traditional litigation, and it encourages open communication.
Property Division During Divorce
Like all Illinois couples, Clarendon Hills residents are subject to the state's equitable distribution laws. This means that marital property must be divided in a manner that is fair, but not necessarily equal. A range of factors are considered when determining a fair distribution, including:
- The length of the marriage
- Each spouse's economic circumstances and earning capacity
- Contributions each spouse made to the marriage, including financial earnings, household responsibilities, and child-rearing
- Any prenuptial or postnuptial agreements that may be in place
It is important to note that only marital property—any asset acquired during the marriage—is subject to division. Non-marital property, including gifts or inheritances, will typically remain with the spouse who owns them.
High-Value Asset Division
For couples with significant assets, such as real estate, retirement accounts, or business interests, dividing property can be particularly challenging. Our legal team has extensive experience handling the division of complex assets, and we will work diligently to ensure that you receive your fair share. Whether you are dealing with investments, family-owned businesses, or valuable collections, we can help ensure that your property rights and financial interests are protected.
Child Custody and Visitation Arrangements
Child custody is often the most emotionally charged and legally complex issue to resolve in a divorce. Illinois courts prioritize the best interests of the child when making custody determinations, which generally fall into two categories:
- Legal Custody: One or both parents may have the right to make significant decisions regarding the child's upbringing, including their education, medical care, and religious beliefs. Sole or joint custody arrangements may be appropriate depending on how well parents can work together to make decisions and how they have handled these issues in the past.
- Physical Custody: This refers to where the child will primarily reside and when they will spend time with each parent. Each parent should have a reasonable amount of parenting time unless there are concerns that may affect the safety, well-being, and best interests of the child. A parenting plan created during the divorce process will include a schedule detailing when the child will live or stay with each parent.
Child Support Obligations
Under Illinois law, both parents are financially responsible for supporting their children after a divorce. Modifications to child support orders can be requested if there are substantial changes in circumstances, such as a significant increase or decrease in a parent's income or a change in the child's needs. Key considerations when determining child support include:
- The combined gross income of both parents
- The number of overnights the child spends with each parent
- The child's needs, including education, healthcare, and everyday expenses
Relocation and Divorce
If a parent wishes to relocate with a child after divorce, Illinois law requires them to notify the other parent and obtain court approval for moves over 25 miles. The court will consider factors like the distance, the reasons for the move, and how it will affect the child's relationship with the other parent. Relocation disputes can be intense, especially if a planned move will disrupt existing custody arrangements. Our attorneys can guide you through the legal process and advocate for your rights.
Contact Our Clarendon Hills, IL Divorce Lawyers
If you are facing a divorce in Clarendon Hills, Mevorah & Giglio Law Offices is here to help. We understand the emotional and financial challenges you may be facing, and we are committed to providing personalized legal support throughout the process. Contact us at 630-932-9100 today to schedule a free consultation and learn more about how we can assist you.