Batavia, IL Divorce Lawyers

Attorneys Assisting With Parenting Plans, Property Settlements, and Other Divorce-Related Issues in Batavia, Illinois

Billing and Fee Structures

We work to ensure that our fees are reasonable and affordable for all of our clients. To discuss our fee structures and learn about payment options, contact us at 630-665-7300.

Getting a divorce is one of the most significant life transitions a person may face. These cases often involve a combination of emotional, financial, and legal challenges. Decisions will need to be made about the division of property, the financial futures of both spouses, and, when children are involved, the ways parental responsibilities will be handled going forward. Every divorce is different, and the resolution of these matters requires careful planning and clear legal guidance.

The attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC assist clients in Batavia with all aspects of the divorce process. We work to protect our clients' rights while helping them find practical, lasting solutions. Whether a case involves complex assets, parenting disputes, or other legal issues, we work to ensure that our clients can address and resolve any concerns they may encounter. From preparing filings and negotiating settlements to representing clients in court, we guide clients through every stage of the divorce process while working to achieve their goals.

The Importance of a Parenting Plan in a Divorce

Parents who divorce will be required to develop a parenting plan that outlines how parental responsibilities will be divided and how parenting time will be shared. In Illinois, parenting plans are a required part of any divorce involving minor children. They will address all issues related to child custody, providing a framework for continued co-parenting.

A comprehensive parenting plan will include:

• Allocation of Parental Responsibilities: The plan will detail each parent's authority to make decisions regarding their children's education, health care, religion, and extracurricular activities.
• Parenting Time Schedule: This will detail when children will be with each parent, including regular weekday and weekend arrangements, holidays, vacations, and school breaks.
• Transportation and Exchanges: The plan can specify how children will be transferred between the parents' households, including pick-up and drop-off procedures.
• Communication Guidelines: The plan may include rules for communication between parents and between each parent and the children.
• Dispute Resolution Methods: The procedures that will be followed when addressing future disagreements may be detailed.
• Other Rules or Guidelines: Parents may agree to include other terms, such as the rules for disciplining children. This can help maintain consistency between households.

Child Support Obligations

Both parents will be required to contribute to their children's needs in the years following their divorce. While child support obligations will apply to both parents, one parent will typically make ongoing payments to the other. The amount of payments will be calculated using formulas that include each parent's net income, the number of children, and, in some cases, the division of parenting time.

In addition to base child support, parents may also be required to contribute to other expenses involved in raising children. These may include:

• Health insurance premiums and other medical expenses that may not be covered by insurance
• Childcare costs related to a parent's employment or education
• Educational expenses such as school fees or tutoring
• Extracurricular activities, including the costs involved in sports, clubs, scouting, or enrichment programs

Spousal Maintenance in an Illinois Divorce

In Illinois, alimony paid by one spouse to the other during or after a divorce is known as spousal maintenance. This form of support may be awarded when one spouse needs financial assistance in order to cover their living expenses and maintain the same standard of living they had while married. Spousal support may be appropriate if one spouse earned the majority of the family's income during the couple's marriage, if one spouse has not worked outside the home for a significant amount of time, or if there are other reasons why a spouse would be unable to provide for their own ongoing needs.

Illinois law provides a formula for determining the amount of spousal maintenance that may be paid by one spouse to the other. This formula calculates a percentage of the paying spouse's income minus a percentage of the receiving spouse's income. The period during which payments will be made will be based on the length of the couple's marriage.

Division of Marital Assets and Debts

Many of the most significant financial issues addressed during a divorce will be related to the division of marital property. Property acquired during the marriage is generally considered marital property, regardless of who made purchases or which spouse's name is on the title. Assets that a couple may need to address include:

• Bank Accounts: The balances of checking, savings, and joint investment accounts may be divided equally between spouses, or other arrangements may be made to ensure that marital assets will be divided fairly and equitably
• Retirement Accounts: 401(k)s, pensions, IRAs, and other retirement savings may need to be addressed during the divorce process. Qualified Domestic Relations Orders (QDROs) or similar instruments may need to be used when dividing these assets to ensure that taxes or penalties will not apply.
• Real Estate: A couple may make decisions about ownership of their family home. In a high net worth divorce, other types of real estate may also need to be addressed, including rental properties or vacation homes.
• Business Interests: A family business or professional practice is likely to be among a couple's most valuable assets. A business valuation can ensure that the value of a business is fully understood. Arrangements may be made for one spouse to buy out the other's ownership share of a business, or a business may be sold during a divorce.
• Personal Property:A couple may need to address household items such as furniture and appliances, vehicles, valuable collections, or other property they own.
• Debts: Mortgages, credit cards, loans, and other financial obligations may need to be addressed. A settlement may detail who will be responsible for paying certain debts.