Our Naperville divorce lawyers understand that no one enters a marriage with the intention that it will end in a divorce. However, certain circumstances lead couples to make the difficult decision to dissolve their marriage. Divorce usually causes a great deal of emotional distress to everyone involved. Whether you or your spouse has decided to get a divorce, the chances are you are upset, anxious, and uncertain about what the future might hold for you and your family.
Divorce is a complex process that affects all aspects of your life including your finances, your living situation, and your ability to live or interact with your children. Since so many important things are at stake, it is imperative that you retain the legal services of an experienced and competent Naperville family law attorney to handle your case.
Keller Legal Services has been practicing family law for more than 30 years and has helped many families transition smoothly through the distressing phase of divorce. Our Naperville divorce lawyers are knowledgeable and skilled and can work with you to take the necessary legal action to protect your rights and resolve your divorce-related issues to reach a favorable outcome.
Previously, a person had to fulfill certain requirements for filing a divorce action; either pleading grounds of irreconcilable differences and living separate and apart for at least 2 years. However, Illinois laws and regulations have significantly changed over the past few years that have reduced the legal reasons for divorce.
As of January 1, 2016, several statutes have been changed and replaced in the Illinois Marriage and Dissolution of Marriage Act. The new revisions remove all fault-based grounds for the dissolution of marriage in Illinois. This means that couples no longer need to file for divorce based on grounds such as drug addiction, adultery, mental or physical cruelty, desertion, bigamy, and others.
Illinois divorce laws in 2020 require only that the parties show that they have an irretrievable breakdown of the marriage as a result of irreconcilable differences. This is essentially a “no-fault divorce.” It must be alleged and proven that either all efforts for reconciliation have failed or attempts for reconciliation would be impracticable and would only further deteriorate the relationship. In addition, the waiting period has been reduced from two years to six months.
Choosing to divorce is difficult. Many couples will try anything to keep the marriage going, especially if they have children. Fortunately, you can meet with a divorce attorney without committing yourself to divorce.
There are many reasons why a consultation is helpful. For one, you can learn what rights you will have upon divorce. Many people come to us with wrong information, things like “children always end up with the mother” or “marital property is divided 50/50 automatically.” We can describe your rights to you.
Two, we can help clients discuss whether to seek legal separation or divorce. With a separation, you stay legally married. But a judge will issue orders regarding custody, support, and marital property, just as he or she would in a divorce.
Three, you can develop a strategy for preparing for divorce—should you ultimately go ahead and file utilizing one of our experienced Naperville divorce lawyers.
At Keller Legal Services, we opt for a client-centric approach and work with clients to proactively deal with family and marital disputes. We believe that collaboration and negotiation are always the best way to manage our cases in reaching an effective settlement. However, not all cases can be settled. If your case requires us to take your case to trial to fight for your rights, we will effectively and aggressively represent you at trial. We make every effort to fully protect your interests at all times.
Our Naperville divorce lawyers are experienced negotiators and accomplished trial lawyers who can handle all aspects of your divorce; whether it is a simple divorce or complex divorce with a multitude of challenging issues. Our services include:
For many people, divorce is a confusing process. There is also a ton of misleading information on the internet, some of which deals with divorces in other states, where the process is different. Our Illinois divorce lawyers have handled many divorces and understand what our clients are getting into. Based on our experience, we offer the following tips:
The cost of a divorce depends on many factors. The most important is whether your divorce is contested or not. When our clients can reach an agreement with the other side, then the cost is much lower than if the parties need to litigate every dispute using one of our Illinois divorce attorneys.
Another factor affecting cost is how well our clients use the services of our divorce law offices. A Naperville divorce lawyer is not a therapist, and if you call constantly to vent about your spouse, then you are incurring unnecessary charges even though they are non-divorce matters.
Divorce in Naperville begins when one spouse files a petition in court to dissolve the marriage. They then serve a copy of this petition on the other spouse using acceptable methods of service. Your spouse also receives a summons instructing them to show up in court on a certain day. After appearing, your spouse is given time to file a response and send you a copy. Illinois divorce lawyers are a big help for making sure the property material is filed with the court and served properly. Any mistake at this stage can delay a divorce.
Illinois law grants couples enormous latitude to decide the substance of their divorce. They can reach an agreement on critical issues such as spousal support, child support, child custody, and the division of marital property and debt. If they need help, they can use a mediator, who will listen to the couple express their disagreements and help them find solutions. Mediation is voluntary but often a game-changer.
When disagreements persist, however, the couple must engage in litigation. There is an evidence-gathering phase called discovery that can be quite lengthy. Each spouse can request information from the other and might need to answer questions under oath. Our clients often seek information to help them build a case for child custody or the division of marital property. As an example, you might think your spouse is hiding assets, so you can seek disclosure of bank records.
As a divorce winds its way through the courts, our clients often need temporary orders. These can deal with spousal support, child support, and child custody.
Do not neglect temporary orders. They provide a crucial source of support for many of our clients. Many judges will also turn temporary orders into permanent ones if they think the status quo is working. This means that it is vital that you not readily agree to a temporary order that you think threatens your interests.
The final step in a divorce is the trial. Each side can call witnesses, and a judge (not a jury) decides the issues.
The DuPage County Courthouse handles divorces in Naperville. All divorce petitions should be filed there.
Divorce can have a dramatic financial effect on clients. Instead of pooling income and splitting expenses, our clients will suddenly have to maintain a home using only their income. There are many steps to take to ensure that you are financially sound:
When there has been domestic violence in a relationship, then proper planning is even more important. Our clients might need to find a new place to stay and take certain steps to protect their children. It is common to seek an order of protection at the same time as you file your divorce paperwork.
If you are thinking of getting a divorce or your partner has filed a petition for dissolution of marriage, you should discuss your case with a reliable and experienced Naperville divorce attorney. Contact Keller Legal Services today at 630-505-1515 to schedule a no-obligation consultation. Our attorneys will work hard to provide cost-effective solutions and will aggressively advocate for your rights