Downers Grove Divorce Lawyers

Attorneys for Property Division, Spousal Support, and Other Divorce-Related Issues in Downers Grove, 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.

The breakdown of a marriage may lead to divorce, which will require a couple to completely separate their lives from each other. The legal issues involved in these cases can be complex, and a variety of financial concerns will need to be addressed as well. Working to resolve disputes can be difficult, especially when strong emotions and high levels of conflict have affected a couple's ability to be civil and cooperate with each other. Regardless of the situation, a dedicated divorce lawyer can provide guidance, helping clients make informed decisions as they work to complete the legal process of dissolving their marriage.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced attorneys work with clients in Downers Grove to address and resolve divorce-related issues. We can assist with every aspect of the divorce process, from filing the initial petition to resolving disputes regarding marital property or child custody. We will work to negotiate settlements when possible or provide representation in contested cases. Our goal is to protect the rights and interests of our clients while finding effective solutions to the legal, financial, and emotional challenges that may arise.

Filing a Petition for Divorce in Illinois

The divorce process begins when one spouse files a Petition for Dissolution of Marriage with the appropriate circuit court. Illinois is a no-fault divorce state, which means that the only grounds required for divorce is "irreconcilable differences," which means that a couple's relationship has broken down to the point where it cannot be repaired. There is no need to prove wrongdoing or state that either spouse is at fault for the breakdown of the marriage.

Once the petition is filed, the other spouse must be formally served with legal notice of the divorce. That spouse will then have the opportunity to file a response. The divorce process may then proceed, and the spouses will work to resolve all outstanding issues that must be addressed for their marriage to be dissolved.

The Discovery Process in Divorce Cases

Discovery is a critical phase in a divorce. It allows each party to gather information from the other in order to ensure that they have a full understanding of financial issues and other relevant details. Discovery may involve:

• Interrogatories: One spouse's attorney may send written questions to the other spouse, asking them to confirm certain details.
• Requests for Production: An attorney may file formal requests to provide documents such as bank statements, tax returns, and real estate records.
• Depositions: Sworn statements may be given by either party, answering questions about different issues related to the couple's finances or other aspects of their marriage.
• Subpoenas: An attorney may file legal orders requiring third parties, such as employers or financial institutions, to provide documents or testify.

Discovery ensures transparency in a divorce. It will help both parties obtain a complete picture of their marital assets, income, debts, and other relevant information that may affect the outcome of their case.

Contested vs. Uncontested Divorce

A divorce may be uncontested when both spouses agree on all outstanding matters. In these cases, the couple may draft a marital settlement agreement, which will be submitted to the court for approval. An uncontested divorce can typically be completed more quickly and with fewer expenses than a divorce that requires litigation.

When spouses disagree on one or more important issues, their divorce may be contested, and litigation may be necessary to resolve any outstanding matters. If a case proceeds to trial, a judge will make final decisions regarding all unresolved matters.

Property Division in an Illinois Divorce

Under Illinois law, divorcing couples will be required to divide their marital property fairly and equitably, and the division does not necessarily have to be equal. It is important to distinguish between marital property, which includes assets and debts that were acquired during a couple's marriage, and non-marital property, which generally includes assets owned before the marriage or acquired through inheritances or gifts.

Types of property that may need to be addressed during a divorce include:

• Real Estate: In addition to addressing ownership of their marital homes, a couple may need to decide how vacation properties or investment properties will be handled.
• Bank Accounts and Investments: Checking and savings accounts, stocks, bonds, mutual funds, and retirement accounts may all need to be addressed. Steps may need to be taken when dividing certain types of accounts or benefits to minimize taxes or penalties
• Business Interests: When one or both spouses own a business or professional practice, they will need to determine how ownership of the business will be handled going forward. A business valuation will usually be necessary to ensure that both spouses understand the value of business assets.
• Personal Property: A couple may need to divide items such as vehicles, furniture, jewelry, and other household property.
• Debts: Mortgages, credit card balances, student loans, and personal loans may need to be addressed, and spouses will need to understand who will be responsible for paying these debts.

Spousal Maintenance

In some situations, a spouse may require financial support following a couple's divorce. Spousal maintenance is meant to provide assistance in cases where a person would be unable to maintain their standard of living on their own. A spouse's eligibility for maintenance may be determined based on several factors, including:

• The length of the marriage
• The income and property of each party
• The standard of living established during the marriage
• The age, health, and earning capacity of both parties
• The contributions one spouse made to the education or career of the other

If spousal support is determined to be appropriate, Illinois law provides statutory guidelines to calculate the amount and duration of payments. Our attorneys can help determine whether alimony may be awarded in a divorce, and we will advocate for arrangements that will protect our client's interests.