Villa Park Divorce Attorneys

Compassionate Lawyers in Villa Park, IL Helping With Divorce Matters

Divorce is often one of the most emotionally challenging experiences a person can face. From filing the initial petition to negotiating the terms of the divorce settlement, every step requires careful consideration. Legal knowledge of the issues that can affect a divorce can also be highly beneficial, which is why it is so important to work with an experienced family law attorney. Understanding the divorce process is essential, and a lawyer can help you navigate this difficult experience effectively.

At Mevorah & Giglio Law Offices, our skilled divorce lawyers can help you understand your rights and options, advocate for your interests, and work toward achieving a fair and amicable resolution to your case. Whether you are dealing with an uncontested divorce or more contentious issues, such as child custody or property division, having our experienced legal professionals by your side can make a significant difference in the outcome of your case.

The Divorce Process in Illinois

In Illinois, divorce is legally referred to as "dissolution of marriage." To initiate the process, one spouse must file a petition for dissolution of marriage with the court. The petitioner must also serve the other spouse, known as the respondent, with the petition. Once the petition is filed and served, the respondent has the opportunity to file a response, and they may agree with or contest the terms outlined in the petition.

Illinois follows a "no-fault" divorce model, meaning that the petitioner does not need to prove any wrongdoing by the other spouse to obtain a divorce. Instead, the grounds for divorce are based on irreconcilable differences that have caused the breakdown of the marriage.

Key Considerations in a Divorce

Several important factors must be considered during a divorce, each of which can significantly impact the final outcome. Issues that you may need to address during your case include:

• Child Custody and Parenting Time: When a divorce involves children, figuring out how to divide or share custody is one of the most important hurdles to cross. Illinois law prioritizes the best interests of the child when making custody-related decisions. Legal custody, which is known as the allocation of parental responsibilities in Illinois law, can be awarded as joint or sole, depending on what the court deems best for the child's welfare. Parenting time, formerly known as visitation, outlines how much time the child will spend with each parent. A parenting plan must be established, detailing the responsibilities of each parent and the schedule for parenting time. This plan can be agreed upon by both parents or, if necessary, the terms of the plan can be decided by the court.
• Child Support: In Illinois, both parents are responsible for supporting their child financially. Child support is typically determined based on the Income Shares Model, which factors in both parents' income, the number of children, and, in some cases, the amount of time each parent spends with the child. The purpose of child support is to ensure that the child's needs are met, and payments made by one parent to the other may address expenses such as food, housing, education, and healthcare.
• Property Division: In Illinois, the allocation of marital property in a divorce follows the principle of equitable distribution. This approach ensures that property is divided in a fair manner, though not always in equal shares. The court may consider various factors when dividing property, such as the duration of the marriage, the financial contributions of each spouse, and each spouse's economic circumstances.
• Spousal Support (Alimony): In cases where one spouse requires financial assistance after the divorce is finalized, spousal support may be awarded. The purpose of spousal support, which is known as spousal maintenance in Illinois, is to help the spouse who earns less maintain a similar standard of living as they did during the marriage. Factors such as the health and age of both spouses, how long the marriage lasted, and the earning capacity of the spouse requesting spousal support are all considered when determining the duration and amount of support.
• Prenuptial Agreements: These documents are legally binding contracts that may be created before marriage, determining how issues such as the division of assets and debts will be handled in a divorce. While a prenup cannot dictate terms regarding child custody or support, it can significantly impact the division of property and spousal support. Existing agreements will need to be reviewed to ensure that they are valid and enforceable, and the terms of a prenup will be followed during the divorce process.

Contact Our Villa Park Divorce Lawyers

Divorce is more than a legal procedure; it is a life-changing event that requires careful planning, emotional resilience, and professional guidance. The attorneys at Mevorah & Giglio Law Offices provide personalized legal support to clients in Villa Park, Illinois who are going through the divorce process. We are committed to helping you navigate your divorce with confidence, offering clear communication, compassionate representation, and strategic advocacy. We provide a full range of legal services related to divorce, and we are here to protect your rights as you work toward a favorable outcome.

If you are considering divorce or have already begun the process, Mevorah & Giglio Law Offices is here to help. We encourage you to contact us to discuss your situation and learn more about how our attorneys can provide compassionate support. Reach out to us at 630-932-9100 to schedule a free consultation.