Choosing a divorce lawyer to represent you in a divorce is a very difficult decision. Not only does a divorce require you to deal with the myriad of complex legal issues presented by the divorce process itself but, more importantly, divorce presents many complex and emotional challenges that can be difficult and painful. Having an experienced and reliable Bolingbrook divorce lawyer to provide support and guidance throughout this difficult process is extremely beneficial for a successful outcome; both emotionally and financially.
A skilled divorce lawyer is critical to successfully navigating through the legal process of divorce or legal separation. You can rely on Keller Legal Services’ experienced Bolingbrook attorneys to handle your divorce, paternity, or legal separation case with compassion, efficiency, and dedication. With more than 30 years of experience, we have extensive knowledge of Illinois family laws and we have significant experience in litigating and trying divorce cases for our Bolingbrook clients in both DuPage County and Will County.
In Illinois, individuals have the option to pursue a no-fault divorce based on irreconcilable differences. Under this provision, couples are not required to provide evidence of fault or wrongdoing by either spouse. This no-fault approach acknowledges that sometimes, relationships fail without any particular blame attached, allowing for a more amicable separation process.
To file for divorce in Illinois, it’s essential to satisfy the residency requirement. This entails that at least one spouse must have resided in Illinois for a minimum of 90 days prior to the filing date. The filing process begins with submitting a Petition for Dissolution of Marriage at the local courthouse, detailing relevant information such as marriage duration, children (if any), and the issues that need to be resolved during the divorce. Additionally, you may need to file various supporting documents, such as a Civil Case Cover Sheet. It’s advisable to consult with a legal professional to ensure all necessary paperwork is correctly prepared.
The timeline for the divorce process in Illinois can vary considerably based on several factors. An uncontested divorce, where both parties come to mutual agreements regarding all issues—including division of property, child custody, and support—can often be finalized within a few weeks. However, if the divorce is contested, such as when spouses disagree on critical issues, the process can become lengthy, often extending several months to more than a year. Factors contributing to these delays can include court schedules, the complexity of the issues at hand, and negotiation periods between the parties.
When it comes to dividing property in an Illinois divorce, the state follows the principle of equitable distribution. This means that marital property—defined as anything acquired during the marriage—is divided fairly, though not necessarily equally. The court will evaluate various factors when determining how to distribute property and debts, including the length of the marriage, each party’s financial situation, contributions (monetary and non-monetary) of each spouse to the household, and future financial needs. It’s crucial to note that personal property, gifts, and inheritances may not be subject to division if they were acquired before the marriage or specifically designated to one spouse.
In cases involving children, Illinois law determines child custody, referred to as the allocation of parental responsibilities, based on the best interests of the child. Factors influencing this determination include the child’s physical and emotional needs, the parents’ ability to provide for those needs, each parent’s wishes, the child’s adjustment to home, school, and community, and the mental and physical health of all parties involved. The court may grant joint custody or sole custody depending on what it deems to be most beneficial for the child. Mediation is often encouraged to resolve custody disputes amicably.
Child support in Illinois is defined as the financial contribution made by one parent to the other, aimed at covering living expenses associated with raising a child. The Illinois Department of Healthcare and Family Services provides guidelines to calculate child support, which are based on a percentage of the non-custodial parent’s income, the number of children needing support, and the amount of parenting time each parent has with the children. Factors like additional expenses for healthcare, education, or childcare may also be factored into the final support amount.
Child custody and support orders are not set in stone; they can be modified when there is a significant change in circumstances. This can include alterations in either parent’s income due to job loss or promotion, changes in employment status, relocation, or shifts in the child’s needs as they grow. Petitioning the court for modification will typically require substantial evidence to support the request.
Spousal support, or alimony, refers to the financial assistance provided by one spouse to another following a divorce. In Illinois, several factors influence the determination of spousal support. These include the length of the marriage, the income and earning capacity of both spouses, the standard of living established during the marriage, and the age and health of each spouse. The objective is to ensure a fair transition for the lower-earning spouse as they move forward independently. The court may award temporary or permanent spousal support based on these assessments.
Our divorce lawyers in Bolingbrook understand that a divorce can adversely impact almost every part of your life, from your personal well being and job to your family relationships. The divorce process can take anywhere from weeks to months to reach a resolution. During this time, divorce or legal separation can become a source of continuous anxiety and emotional distress. Our attorneys focus on educating clients and setting realistic expectations for a successful outcome. We walk the extra mile to obtain favorable results for our clients while diligently protecting their legal rights.
At Keller Legal Services, our approach is straightforward: we commit our maximum efforts to achieve the best possible outcome for our clients. We have the reputation of aggressively advocating for our client’s interests during both settlement negotiations and at court hearings.
In an uncontested divorce, both parties are generally in agreement on all or most of the issues that need to be addressed; including child support, maintenance, division of property, division of debts, child custody, and visitation. Since both parties are generally in agreement, a negotiated settlement saves both parties unnecessary stress, time, and expense. Call a Bolingbrook Divorce Attorney at Keller Legal Services for advice on the benefits of an uncontested divorce.
In a contested divorce, the parties generally are unable to reach an agreement as to child custody, child support, visitation, division of marital property, non-marital property, maintenance, or division of debts. As a result, it can require a significant amount of time and expense to reach a resolution. This type of divorce can either be settled through negotiations and settlement between the parties or, if some or all of the issues cannot be agreed upon by the parties, a family law judge will resolve the rights and claims of the parties based upon the facts of the case presented at trial.
Our attorneys at Keller Legal Services can also provide you with legal assistance in post-divorce enforcement and post-divorce modifications for maintenance, visitation, child custody, child support, and removal issues. We also assist clients in prosecuting Orders of Protection in both DuPage County and Will County and have successfully defended against the prosecution of Orders of Protection in cases involving false accusations.
The divorce lawyers at Keller Legal Services aggressively pursue your legal rights in a divorce or legal separation proceedings. We will devise a thorough legal strategy designed specifically to attain and achieve your personal goals and demands. We are your partners who work diligently and tirelessly to secure a new and better future for you and your family.
If you are seeking the legal services of an experienced Bolingbrook divorce attorney to aggressively advocate your position and provide cost-effective solutions, contact Keller Legal Services today. Call 630-505-1515 to schedule a free initial consultation.
