Elmhurst, IL Divorce Attorneys

Lawyers for Divorce Settlements or Divorce Litigation in Elmhurst, 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.

The choice to end your marriage may not be easy, but it may be necessary based on your family's circumstances. As you proceed with your divorce, you will need to address numerous legal concerns while also making decisions that will affect your finances. If you are a parent, the steps you take may affect your relationship with your children for years to come. Because of the many complex considerations, you will want to make sure you have the right legal support.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you navigate the divorce process with confidence. Our attorneys provide comprehensive legal services to clients in Elmhurst and the surrounding areas, and we can make sure divorce-related issues will be handled correctly. We can help you determine the best path to take, and we will work with you to help you achieve an outcome that will provide you with a positive start to the next chapter of your life.

Benefits of Negotiating a Divorce Settlement

In many cases, a divorce can be completed out of court by negotiating a settlement that addresses all of the outstanding legal and financial issues. This is known as an uncontested divorce, and it can offer numerous advantages, especially for those who wish to minimize conflict and avoid the uncertainty of a court trial.

Key benefits of negotiating a divorce settlement include:

• Cost-Effective: Settling a divorce outside of court can be far less expensive than a trial, as it typically involves fewer legal fees and court costs.
• Control: The parties will maintain more control over the terms of their divorce, rather than having a judge make the final decisions.
• Faster Resolution: A negotiated settlement is generally faster than going through the litigation process, which can drag on for months or even years.
• Preserving Relationships: Divorce settlements are often less adversarial, which can make co-parenting easier and help a couple avoid ongoing conflict.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we will work to help you achieve a settlement that will meet your needs. We can help you negotiate directly with your spouse and their attorney, or we may use collaborative law as a method of agreeing to work together to create a settlement. Mediation may also be an option that can help you and your spouse cooperate to resolve your outstanding issues. Regardless of the method you choose, we will be there to advise you and make sure the divorce process can be completed successfully.

Contested Divorce Litigation

Not all divorces can be resolved through negotiation. When spouses cannot agree on all of the issues in their case, litigation may be necessary. Our lawyers have experience representing clients in contested divorce cases. We carefully review all financial documents and other information to build a strong case on behalf of our client. During a trial, we will present evidence, question witnesses, and make persuasive arguments. Our goal is to achieve the best possible outcome while ensuring that the best interests of a couple's children will be protected.

Property Division

One of the key aspects of divorce involves the division of marital property. All assets and debts acquired during the marriage will usually be considered to be marital property, regardless of whose name is on the title. Our attorneys work to ensure that our clients can reach fair and equitable agreements detailing how different types of property will be allocated, including:

• Real Property: We can provide guidance on issues related to ownership of a couple's primary home, vacation homes, or rental properties.
• Financial Assets: We can help address bank accounts, retirement accounts, and investments, making sure our client will have the necessary financial resources.
• Family Businesses or Professional Practices: We work with business owners and their spouses to perform business valuations and make decisions about whether business assets may be divided or sold.
• Personal Property: We can make sure items such as vehicles, furniture, jewelry, and collectibles will be properly evaluated and divided.
• Debts: We work to ensure that our clients understand who will be responsible for paying debts such as mortgages, credit card balances, student loans, and personal loans.

Spousal Support

Payments made by one spouse to the other during or after a divorce may be known as spousal support, spousal maintenance, or alimony. The purpose of these payments is to ensure that a spouse will be able to maintain a reasonable standard of living after the couple's divorce. Spousal support may be appropriate when:

• There is a significant income disparity between the spouses.
• One spouse not worked outside the home for a period of time, making it difficult for them to financially support themselves.
• One spouse has made contributions to help further the other's education or career.
• One spouse has a greater earning potential, while the other has limited opportunities for employment.
• One spouse has been a stay-at-home parent and plans to continue serving in that role for the near future.

To determine whether spousal support should be paid, each spouse's financial situation may be considered, including factors like living expenses, income, earning potential, and the contributions they each made to the marriage. If spousal maintenance is awarded, the amount and duration of support will be determined using formulas outlined in Illinois law. Our lawyers can help clients understand how spousal support may be addressed, and we will advocate for appropriate arrangements based on the unique circumstances of a case.