Will I Have to Go to Court for My Divorce?

Understanding What is Required of You

When you think about your divorce, you may picture you and your spouse standing on opposite sides of the courtroom, each of you ready for battle. The reality for most couples, however, is considerably different. It is much more likely that your divorce will consist of, at most, a series of motions and hearings leading up to a relatively simple entry of a judgment by the court. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we realize the legal process of divorce can be very confusing and often overwhelming, and we are here to provide the assistance you need.

During your divorce, you and your spouse will be required to appear in court at least one time and possibly more, depending on the circumstances and complexity of your case. Your attorney can appear in court on your behalf in many instances, but there are certain proceedings for which you must be personally present. By understanding when court appearances may be required, when agreements can be negotiated outside of court, and what steps can be taken to complete the divorce process as quickly and efficiently as possible, you can be prepared to approach your case successfully.

An Attorney Can Simplify Your Divorce

If you have retained an attorney for your divorce, he or she can appear on your behalf for most of the proceedings. You always have the option of going with your attorney to court, but you will not always be required to do so. There are exceptions, of course, as it is mandatory for you to appear for hearings regarding temporary relief, for trial, and for a prove-up hearing where your divorce is finalized.

During the divorce process, our lawyers can advise you on the best steps to take to protect your rights and interests while working to resolve the outstanding issues in your case. We will help you negotiate a divorce settlement that will meet your needs, protect your rights, and provide for your children's best interests. We will advise you on whether methods such as mediation or collaborative law may be beneficial for you and your family. This can ensure that you can hold productive discussions, address issues while minimizing conflict, and reach agreements on matters such as the division of marital property, spousal maintenance, and child custody.

If litigation becomes necessary, we will make sure you understand the procedures that will be followed. We will be there with you during any required court appearances, making arguments that support your desired outcome and advocating for solutions that will meet your needs. If your case proceeds to a divorce trial, we will make sure you are fully prepared, and we will present evidence, question witnesses, and make arguments on your behalf, working to achieve your goals.

Contact Our Wheaton Divorce Lawyers

Going to court on your behalf is just one of many ways that an experienced attorney can be helpful throughout your divorce. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we work hard to make the process easier and less stressful for our clients whenever possible. Our lawyers make sure that you fully understand all of your options and the possible implications of your decisions. To learn more about how we can help, contact our office today. Call 630-665-7300 for a confidential consultation. We are proud to serve clients in Wheaton, Naperville, Carol Stream, Downers Grove, and the rest DuPage County, as well as Kane County and Kendall County.

How Can I Make My Divorce Faster and Less Expensive?

Setting Emotions Aside During an Illinois Divorce

It is not uncommon for those going through a divorce to look for ways to complete the process as quickly and inexpensively as possible. The process of ending a marriage is often very difficult, but couples who can keep their emotions in check and work together toward a creative resolution are likely to reach a divorce settlement more quickly and affordably.

A divorce is a life-changing event and, as such, it is often emotionally charged. You may find yourself overwhelmed with feelings of anger, betrayal, grief, and countless other emotions as the relationship as you currently know it comes to an end. While such emotions are a normal and healthy part of the healing process, allowing them to affect your divorce proceedings can have serious consequences. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our attorneys realize the importance of separating facts from feelings, and we are ready to help you focus on moving forward.

Working Together Toward a Common Goal

While you and your spouse may ultimately be headed in opposite directions, during your divorce your objective should be the same: reaching a reasonable, workable divorce settlement as quickly as possible without unnecessary stress or bitterness. To do so, you will need to set your emotions aside while you work together to develop agreements that will meet your needs, as well as those of your spouse and children. You cannot "win" a divorce, but if you allow the situation to spin out of control, you both may feel like you have lost.

Even though you may not agree with your spouse about the reasons your marriage is ending, and you may find it difficult to be civil as you address divorce-related issues, you can benefit by attempting to avoid conflict as much as possible. By focusing on working out the legal, financial, and practical concerns that must be resolved before your case can be completed, you can strive to remain calm and collected and focus on your future rather than the negative emotions you may be experiencing in the present.

In some cases, mediation may be a good option for negotiating agreements with your spouse and resolving your differences. With the help of a neutral mediator, you and your spouse can discuss issues productively, cooperate to make decisions, and reach compromises that you will both be satisfied with. You may also use collaborative law or attorney-assisted negotiations, working together with your respective attorneys to craft a divorce settlement and complete your case quickly and efficiently.

Contact Our Wheaton Divorce Attorneys

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we are committed to providing the guidance you need as you navigate the process of divorce. With considerable experience, our attorneys can offer sound advice and unique solutions to even the most complex divorce-related issues. Whether you plan to use mediation, collaborative law, or other methods to negotiate a settlement, we are prepared to provide the representation you need while ensuring that your rights and interests will be protected.

If you are ready to save time and money on your divorce without compromising your rights, contact our office. Call 630-665-7300 for a confidential consultation today. We are proud to serve individuals and families throughout DuPage County, Kane County, Kendall County, and Will County.

Do I Have to Hire an Attorney to Get Divorced?

Divorce Lawyers Protect Your Rights in DuPage County

Under Illinois law, you are not required to hire an attorney when you get a divorce, but working with a qualified lawyer is highly encouraged. While you may try to save money by not hiring legal counsel, not having one can actually cost you financially. It can also lead to an unfavorable outcome in which you do not receive a fair and equitable share of marital property. Even worse, you could potentially lose custody of your children, or you could be required to pay ongoing financial support to your spouse, limiting the resources available to you.

Hiring a lawyer for your divorce can certainly be expensive. Insurance can also be costly, yet you most likely have policies for your home, automobile, and health that are designed to shield you from unbearably large bills in the event of a serious accident, injury, or other major problem. It is important to think of the cost of a divorce attorney as an investment in protecting yourself. Just as you cannot reasonably afford to drive a car or own a home without insurance, you cannot afford to go through a divorce without the guidance and protection offered by a qualified attorney.

Working With a DuPage County Divorce Attorney

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we realize that money can be extremely tight when you are facing a divorce. We also understand the risks involved in the process for those who attempt to navigate a divorce without a lawyer. With just a single mistake or misfiled document, you could potentially cost yourself thousands of dollars, countless hours of your time, and, most importantly, rights regarding your children.

When you work with an experienced attorney who knows the law, you can be sure that you have an advocate on your side who is always looking out for your best interests. Our team of divorce lawyers is ready to provide responsible representation as you contend with matters related to property division, spousal maintenance, allocation of parental responsibilities (formerly known as child custody), parenting time, child support, and any other consideration related to your divorce.

In addition to advocating on your behalf to ensure that your rights will be protected, we can advise you on what options may be available to reduce divorce-related expenses and resolve your case more efficiently. If you and your spouse can cooperate and work together to negotiate agreements, you may be able to use methods such as mediation or collaborative law to resolve the outstanding issues in your case and complete the dissolution of your marriage. We can make sure you approach these processes the right way while advising you on the best steps you can take to protect yourself and negotiate a settlement that meets your needs. If negotiations break down, or if resolving issues amicably will not be possible, we are prepared to represent you in court, and we will help you determine how to complete your case as quickly and efficiently as possible.

Contact Our Wheaton Divorce Lawyers

To learn more or to schedule a confidential consultation with a member of our firm, contact the office of Mirabella, Kincaid, Frederick & Mirabella, LLC. Call 630-665-7300 today. From our offices in Wheaton, Illinois, we are proud to serve clients in Naperville, Glen Ellyn, Oak Brook, Carol Stream, and other parts of DuPage, Kendall, Will, and Kane Counties.

How Much is a Divorce Going to Cost?

How Much Is a Divorce Going to Cost?

Realistic Goals Can Limit Expenses in Illinois Divorces

If you have chosen to end your marriage and get a divorce, or if you are responding to your spouse's divorce petition, you will likely have many concerns about the issues that will affect you during your case. As you take steps to separate from your spouse and establish a new life on your own, you will want to address financial concerns and make sure you will have sufficient resources to meet your needs in the future. Because of this, you may be concerned about divorce-related expenses and the steps you can take to minimize the costs of hiring an attorney and handling legal procedures.

The cost of your divorce can vary a great deal depending on how complicated your case is and what you hope to get out of the process. While it may be possible to complete your divorce with the help of an attorney for a few thousand dollars or less, the greater your wants are, the more you should expect to pay. By setting realistic goals and understanding the issues that could lead to higher expenses, you can make sure you are approaching your divorce the right way.

Addressing Divorce-Related Expenses

Any divorce has the potential to be extremely expensive, costing both spouses significant time and financial investment. At Mirabella, Kincaid, Frederick & Mirabella, LLC, questions about money and expenses are often among the first concerns our clients express. Our attorneys can often complete a divorce while limiting expenses to a few thousand dollars. To achieve that, the key is keeping your wants and goals realistic. For example, if you decide to take a Hawaiian vacation, you could probably do so for less than $3,000. However, it would not be realistic to fly your whole family first class to the islands, stay in a five-star hotel suite, and eat lobster every night for $3,000 or less. The same principles apply to your divorce. You may do everything possible to limit costs, but it may be necessary to address complex issues related to your marital property or your children. For example, if you are a business owner, you may need to hire a financial expert who can perform a business valuation. This can ensure that you fully understand the value of this asset and can divide marital property fairly and equitably. Spending money to address these issues now can help you avoid mistakes that could affect your financial stability in the future.

Setting Attainable Goals for Illinois Divorces

As you approach the process of divorce, it is important to identify what is truly important to you. An experienced attorney can help you develop reasonable objectives and recognize which battles are worth fighting. If you and your spouse choose to dispute every little issue, and you refuse to budge from your expectations, your expenses will add up quickly. If you can maintain realistic, reachable goals, you will be better able to control the costs of your divorce.

Contact Our DuPage County Divorce Lawyers

To learn more about limiting the costs of your divorce, contact the office of Mirabella, Kincaid, Frederick & Mirabella, LLC. Schedule your confidential consultation today by calling 630-665-7300. From offices in Wheaton, Illinois, we are proud to serve the needs of clients in DuPage County, Kane County, and Kendall County.