Carol Stream Divorce Attorneys

Lawyers for Property Division, Child Custody, and Other Divorce-Related Issues in Carol Stream, IL

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.

While a divorce will involve the legal dissolution of a marriage, it will also serve as a major life transition that will require spouses to make significant financial and personal adjustments. The divorce process will involve a variety of complex decisions that will affect the lives of the spouses and their children. Whether a divorce may involve cooperative negotiations or contentious disputes, legal support from an attorney can be crucial to ensure that the outstanding issues can be addressed and resolved.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we provide comprehensive legal representation for people who are going through the divorce process in Carol Stream and the surrounding areas. We focus on practical problem-solving while providing compassionate representation to help our clients achieve their goals. From filing the initial petition through the final court orders, we can provide the legal help needed to address all of the issues involved in a divorce and ensure that our client can build a stable foundation for the future.

Dividing Marital Property in a Carol Stream Divorce

The process of property division can sometimes lead to disputes between divorcing spouses. Illinois law requires an equitable distribution of marital property, but the division of assets does not have to be exactly equal. Both parties will be required to disclose all of their assets and debts so that they have the information needed to make decisions about how property will be divided.

Marital property may include:

• Real Estate: A couple will need to determine who will own their marital home and how to address other real estate property, including investment properties, or vacation homes.
• Financial Accounts: Funds in checking and savings accounts may need to be divided. A couple may also need to address retirement accounts or pensions and other complex financial assets such as investment portfolios.
• Personal Property: All of the property a couple owns, including vehicles, furniture, jewelry, and household items, will need to be valued, and decisions will need to be made about how they will be divided.
• Business Interests: Ownership stakes in family businesses or other business assets acquired during a couple's marriage will need to be addressed. A business valuation will typically need to be performed to ensure that the present and future value of a business is fully understood by both parties.
• Debts: Mortgages, credit card balances, and other liabilities acquired during the marriage may need to be addressed, and decisions will need to be made about who will be responsible for paying these debts.

Certain assets may be classified as non-marital property and excluded from the property division process. These may include inheritances, gifts received by one spouse, or property owned prior to the marriage. A prenuptial agreement may also be used to designate certain assets as non-marital property. Our attorneys can address issues related to asset division, including the commingling of non-marital and marital assets.

Understanding Spousal Support

In some cases, financial assistance may be paid by one spouse to the other after a divorce. Spousal support is intended to help the receiving spouse maintain financial stability, and it may be appropriate in situations where one spouse was economically dependent on the other.

Courts may consider several factors when deciding whether to award spousal support, including the length of the marriage, the age and health of each spouse, the income earned by each party, and the standard of living during the marriage. They may also look at whether a spouse who is asking for spousal support made sacrifices that affected their income or career during their marriage or whether they contributed to the other spouse's education or career.

Illinois law provides a formula for determining the amount and duration of spousal maintenance. The amount of spousal support payments will generally be calculated based on percentages of both parties' incomes. The duration of payments will be based on the number of years the couple was married. Our lawyers can advocate for or against spousal support, and if support is awarded, we will ensure that the amount and duration will be calculated correctly.

Addressing Child Custody and Parenting Time

In Illinois, child custody is legally referred to as the allocation of parental responsibilities. What is commonly known as legal custody involves the ways decision-making responsibilities for children will be handled. Physical custody or visitation is known as parenting time in Illinois, and it includes any time that children spend with either parent. When making decisions about child custody, courts will take steps to ensure that the arrangements put in place will reflect the child's best interests while providing for their stability and well-being.

For parents, a divorce decree will include a parenting plan that details all decisions related to child custody. A comprehensive parenting plan will detail:

• How significant decisions regarding the children's health, education, and welfare will be made.
• The schedule for when the children will be with each parent, including weekdays and weekends during the school year, holidays, school breaks, or other important days.
• Guidelines for transportation, communication, and dispute resolution.

Our attorneys can help parents create a parenting plan that will meet their children's needs. We will make sure the plan meets all legal requirements while providing detailed information about how parents will work together to raise their children in the years following their divorce.

Determining Child Support

Parents have a legal obligation to provide for their children's financial needs. During the divorce process, child support orders will be put in place detailing each parent's financial obligations. When calculating child support, the guidelines in Illinois law take both parents' incomes into consideration. Each parent's amount of parenting time may also be a factor in some cases.

Beyond the base child support amount, parents may be required to share the costs of other expenses involved in raising their children, including:

• Childcare that is necessary while a parent is working
• Health insurance premiums and medical expenses not covered by insurance
• School fees and extracurricular activities

Our lawyers work with clients to ensure that child support orders are established correctly. We can help parents address concerns about their children's needs, helping to put arrangements in place that will allow for ongoing financial stability.