Schaumburg Divorce Lawyer
Experienced Divorce Attorney in Schaumburg, IL
Divorce is a challenging process that impacts families emotionally and financially. Whether you are ending a marriage through an uncontested process or navigating disputes over child custody, these matters require skilled representation. Having an attorney by your side can make all the difference in easing the stress and uncertainty of the process.
Having more than 45 years of legal experience, Attorney Steven Mevorah and his team understand the difficulties you may be facing. With a deep understanding of Illinois divorce laws, our firm will develop personalized strategies that protect your rights. From resolving complex legal matters to advocating for a fair resolution, we are here to help you confidently move forward.
Divorce Options Available in Illinois
State law provides multiple avenues for divorce that vary depending on a couple's ability to agree on critical issues. No matter which path you take, our legal team will work to protect your interests throughout the divorce process, which may be:
- Contested Divorce: In situations where disagreements occur, a judge will determine the unresolved matters, which can extend the process and increase legal costs.
- Uncontested Divorce: This option is available to spouses who agree on all aspects of the divorce, such as parenting time, child support, and asset division. Uncontested divorce usually saves time and money while also reducing emotional strain.
- Collaborative Divorce: This process emphasizes open dialogue and cooperation. It allows each spouse to retain their own attorney while being committed to resolving issues without litigation.
- Mediation: A neutral mediator will facilitate discussions between spouses to help them reach a mutual agreement on important issues outside of the courtroom.
Parenting Time and Child Custody
Decisions about child custody and parenting responsibilities are among the most delicate aspects of divorce. Illinois law refers to these matters as the "allocation of parental responsibilities," which includes both:
- Decision-Making Authority: Legal custody determines which parent has the authority to make decisions about a child's education, healthcare, and other major factors.
- Parenting Time: Physical custody specifies how time with the child is divided between parents.
Parents must also submit a parenting plan, which includes a detailed schedule for parenting time and guidelines for handling disagreements. If parents cannot agree on a plan, the court will determine it based on the child's best interests.
Spousal Maintenance in Divorce Cases
Spousal maintenance, also referred to as alimony, may be awarded to provide financial support for a spouse after divorce. The courts will assess various factors to decide the type, amount, and duration of spousal support, including:
- Each spouse's income, assets, and earning capacity
- The standard of living that was established during the marriage
- The length of the marriage
- Contributions to the marriage, such as supporting a spouse's education or career growth
Addressing Child Support in Divorce
Under Illinois law, both parents are obligated to contribute financially to their child's upbringing following a divorce. Child support is calculated using the Income Shares Model, which considers:
- The child's needs for healthcare, education, and everyday expenses
- The total income of the parents
- The parenting time breakdown
If major changes occur, like a shift in income or the child's living arrangements, parents may petition the court for a child support modification. Our team can assist you in obtaining fair child support orders or defending against unjust modification requests.
Property Division in Schaumburg, Illinois Divorces
Under the state's equitable distribution law, marital property is divided fairly, though not always equally. Marital property comprises most assets acquired during the marriage, including vehicles, real estate, and retirement accounts. Factors that affect property division include:
- An valid and active prenuptial or postnuptial agreement
- The marriage length
- Each spouse's current and future earning potential
- Contributions such as caregiving and homemaking
Relocation and Post-Divorce Issues
Relocation is another complex issue related to child custody. If a parent wishes to move with their child beyond 25 miles of their current residence, they must have written notice and obtain approval from the court. The court considers factors such as:
- The purpose of the relocation
- The effect on the child's relationship with the non-relocating parent
- Whether the move aligns with the child's best interests
Contact Our Schaumburg, Illinois Divorce Attorney
If you are going through a divorce, you do not have to navigate the process alone. At Mevorah & Giglio Law Offices, we are committed to helping you resolve disputes and secure fair outcomes regarding child custody, property division, child support, and more. To arrange a complementary consultation, give our office a call at 630-932-9100.