Wheaton Divorce Attorneys

Divorce Lawyers for Property Division and Child Custody in Wheaton, Illinois

Divorce can be an intimidating prospect. Keeping track of everything you need to do may seem daunting, especially when you are already dealing with the emotional issues that come with the end of your marriage. To make sure you can complete the divorce process successfully, Mevorah & Giglio Law Offices is ready to assist you.

Mevorah & Giglio Law Offices has a long history of helping clients during divorce proceedings. We can provide professional insight and guidance during negotiations and representation in court hearings. Our attorneys are compassionate and highly knowledgeable, and we will represent you with fierce determination inside and outside the courtroom. As you address concerns related to issues such as marital property, child custody, or alimony payments, we will work to help you achieve the best possible results in your case.

Beginning the Divorce Process

The dissolution of your marriage begins with filing a petition for divorce in your county. Either you or your spouse may submit a Petition for Dissolution of Marriage with the DuPage County Circuit Court Clerk. Divorces generally fall into one of two categories: contested and uncontested. As the name implies, an uncontested divorce will involve a total agreement between spouses about the terms of your divorce. This approach is the less expensive of the two options, and ideally, you can reach an agreement without protracted battles in the courtroom. An uncontested divorce will be finalized when the court reviews the terms of the divorce. In most cases, a divorce settlement will be approved by a judge, allowing you to finalize your case and move forward peacefully.

A contested divorce occurs when spouses fail to reach an agreement on the terms of their divorce. Divorces may involve complex issues. Disagreements about child custody, division of property, or spousal support payments can lead to a breakdown in negotiations. If there are outstanding issues that need to be resolved, a divorce trial may be held, and a judge will make the final decisions while working to ensure that the divorce has an equitable outcome.

When addressing divorce-related issues, courts will strive to find "equitable" solutions. They will work to reach an outcome that is fair to both spouses while considering their circumstances and needs. Because Illinois is a no-fault divorce state, one spouse cannot be penalized for the marriage's collapse. Our skilled divorce attorneys can represent you during a contested divorce, giving you a voice in the courtroom and keeping you informed of your options at all times.

How Is Child Custody Handled in a Wheaton Divorce?

In Illinois divorce and family law cases, the courts will always seek to protect the child's best interests. When considering the child's best interests, the court may weigh factors such as:

• The child's stated wishes.
• One or both parent's stated wishes.
• The child's attachment to their home and community, including whether a move to a new home would threaten their stability.
• Each parent's ability to meet the child's basic needs with respect to food, shelter, clothing and other concerns.
• Whether one parent has a history of abuse, directed at the child or not.
• The child's relationships with extended family, such as siblings, grandparents, aunts, and uncles.
• The safety and well-being of the child when they are in the care of either parent.

The court will determine how to allocate decision-making responsibility (legal custody). One or both parents may have authority over important choices in the child's life, such as schooling, healthcare, and religious upbringing. The court will also determine how parenting time (physical custody/visitation) with the child will be divided between the parents.

Illinois law stipulates that both parents are entitled to reasonable time with their child as long as neither presents a threat to the child's welfare, safety, or health. Parenting time will usually be allocated in a way that will allow a child to maintain positive ongoing relationships with both parents. If you have any concerns about where your child will live, how much time they will spend with you, or other issues that may affect your child's well-being, our skilled divorce attorneys can advise you on how to proceed, and we will work to protect your child's best interests during your case.

Speak With Our Wheaton, IL Divorce Lawyers

The divorce and family law attorneys at Mevorah & Giglio Law Offices are tireless advocates for spouses, parents, and children. We bring over 40 years of legal experience and a wealth of knowledge to every case. Contact us at 630-932-9100 for a free consultation.