Geneva, IL Divorce Attorneys

Attorneys for Settlement Negotiations or Divorce Litigation in Geneva, 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 630-549-0960.

A divorce can be both an ending and a beginning. While it will serve as the end of your marriage, it also allows you to begin a new chapter in your life. However, you will want to make sure you can start that chapter on the right foot. As you take steps to dissolve your marriage, you will need to address multiple types of personal, financial, and parental matters. Whether your situation is amicable or adversarial, taking the right approach during your divorce process can help you protect your financial well-being, your relationships with your children, and your overall stability.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our goal is to help our clients navigate the divorce process successfully while protecting their rights. Our attorneys are ready to guide you through each step of the legal process, making sure you will be prepared to address every issue that you may encounter. Whether your case involves complex financial assets, sensitive parenting concerns, or other issues that could affect you and your family, we will provide the representation you need to achieve your goals.

Understanding the Divorce Process in Geneva, Illinois

Illinois courts follow a no-fault divorce system, which means that a spouse does not have to prove that the marriage broke down due to issues such as adultery or abandonment. The only grounds for divorce are irreconcilable differences—meaning that a marriage has broken down beyond repair. In most cases, you can proceed with a divorce after either you or your spouse files a divorce petition. However, even if one party objects to the divorce, the court will presume that there are irreconcilable differences if you have lived "separate and apart" for at least six months.

When you or your spouse lives in Geneva, you can file for divorce through the Kane County Court. After filing a petition for divorce, it must be served to the other spouse, who will then have the opportunity to respond. The steps that follow will depend on whether the divorce is contested or uncontested.

In a contested divorce, the spouses will reach agreements on all issues in their case, and they will submit a marital settlement agreement to the court. The judge will review the agreement and enter a final judgment. This can allow the divorce process to be completed much more quickly and efficiently while also minimizing conflicts that may need to be addressed through the court.

When spouses cannot agree on one or more major issues, their divorce case becomes contested. Their case may need to be resolved in court. In some cases, a judge may order a couple to use mediation to attempt to resolve the outstanding issues. If agreements cannot be reached, a divorce trial may be held, and after hearing arguments, listening to testimony from witnesses, and reviewing evidence, the judge will determine how all outstanding issues will be handled. The final result will be a divorce judgment that includes legally-binding orders that the parties will be required to follow going forward.

Resolving Disputes During Divorce

While you are likely to encounter some disagreements during your divorce, you and your spouse can often benefit by working to resolve these issues without going to court. There are several methods that may be used to resolve disputes and negotiate a divorce settlement, including:

• Mediation: You can work with a neutral third party who will help you and your spouse find mutually acceptable solutions. Mediation can be useful when addressing parenting arrangements, since it can encourage you and your spouse to work together as co-parents in the future.
• Collaborative Divorce: You and your spouse, along with your attorneys, may sign an agreement in which you will work together to resolve the issues in your case through cooperative negotiations rather than court intervention. If necessary, you may also work with experts such as financial advisors or mental health consultants to address some of the issues in your case.
• Private Settlement Negotiations: You and your spouse may engage in negotiations and work to reach agreements on various issues. If necessary, you can negotiate through your attorneys, or you may reach agreements privately, and your attorney can review the decisions made in your settlement to ensure that they are legally sound while protecting your interests.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you determine what approach to take when negotiating agreements with your spouse. We will make sure you understand your rights and the options available to you, and we will help you find solutions that will meet your needs.

Key Legal Issues in a Geneva Divorce

As you work to complete your divorce, you will need to address all of the issues that may be related to separating your life and your finances from your spouse. Our lawyers can help you understand the specific concerns that may affect you, and we will work to ensure that your interests are protected as you address issues related to:

Division of Property and Debts

Illinois law follows the principle of equitable distribution in divorce cases, and this is meant to ensure that both parties will receive a fair and equitable share of their marital property. As you take steps to divide property during your divorce, you will need to understand what property must be considered and how it may be divided fairly.

Your marital property is subject to division during your divorce. Property classified as marital includes money saved by both spouses, real estate, vehicles, personal property, or anything else acquired during your marriage. Non-marital property, which may include inheritances, gifts, or assets you or your spouse owned before your marriage, will typically not be divided.

You may also need to determine how to divide debts, such as mortgages, credit card balances, and auto loans. Our lawyers can help you identify all marital property, determine the value of assets such as your home or a family business, and negotiate agreements detailing how assets and debts will be divided.

Spousal Support

Spousal maintenance, which is commonly known as alimony, may be a factor in your divorce if there are reasons that either you or your spouse may need ongoing financial support. For example, if you earn the majority of your family's income, or if your spouse is a stay-at-home parent, you may be asked to pay spousal support. However, if you have limited work experience or would need assistance as you pursue an education or training before you can become financially independent, you may be able to receive spousal support.

When determining whether you or your spouse qualify to receive spousal maintenance, courts may consider the income that each party earns, the property each of you will receive, any separate property or other financial resources available to each of you, and both parties' ongoing needs. Issues such as sacrifices made by one spouse or ways that one party helped the other party advance in their career or increase their income may also be considered.

If either you or your spouse will be eligible to receive spousal support, statutory formulas will be used to determine the amount and duration of the payments. Most of the time, maintenance is paid for a fixed period that is based on the length of your marriage, but indefinite or reviewable maintenance may be appropriate in some situations. Our attorneys can help you determine whether you may pay or receive spousal support, and we will make sure all calculations related to support payments will be performed correctly.

Parental Responsibilities and Parenting Time

If you and your spouse are parents, you will need to make decisions about child custody. In most cases, courts prefer for both parents to be involved in their children's lives, and they focus on finding solutions that will protect children's best interests. Your divorce decree or judgment will include a parenting plan, which will address two core issues:

• Allocation of Parental Responsibilities: This refers to how you and your spouse will make decisions about your children's education, healthcare, religion, and extracurricular activities. You may be able to share in these responsibilities, or you may decide that one parent will handle the primary decision-making in certain areas.
• Parenting Time: This defines how your children's time will be divided between you and your spouse. With a detailed schedule in place, your family will have a full understanding of where children will stay on regular weekdays and weekends, as well as holidays and vacations.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our lawyers can help you craft a practical and child-focused parenting plan. We will advocate for fair arrangements that will allow you to provide the care your children need while protecting your parental rights.

Child Support

You and your spouse will be financially responsible for your children, and you will both have ongoing obligations to ensure that daily expenses and other costs will be covered. A child support order will be put in place, with the amount that each parent is responsible for paying being calculated using formulas that take both parents' incomes into account. Other child-related expenses may also be considered, including medical costs, school fees and other educational expenses, extracurricular activities, and child care necessary when one or both parents are working.

Our attorneys will make sure all relevant factors are considered when calculating child support payments and establishing ongoing obligations. If necessary, we can help you request modifications in the future based on changes in your circumstances, such as the loss of a job or increases in your children's needs.