Glen Ellyn, Illinois Divorce Lawyers

Attorneys for Contested and Uncontested Divorce Cases in Glen Ellyn

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 getting a divorce is not likely to be a pleasant prospect, it may be the best option for you and your family when your relationship with your spouse has broken down. As you take steps to end your marriage, you will need to make important decisions about your property and finances, and if you have children, you will also need to determine how you will share custody of them with your spouse. Whether your divorce is amicable or contentious, careful planning and legal guidance will be required to ensure that you can protect your rights.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can provide the legal representation you need as you take steps to legally dissolve your marriage. We will work closely with you to address every aspect of the divorce process, from child-related concerns to financial matters involving property and ongoing support. Our attorneys combine thorough legal knowledge with a deep understanding of family dynamics, and we can help you make informed choices while working to minimize conflict.

Child-Related Issues in Glen Ellyn Divorce Cases

If you are a parent, your divorce will involve a host of decisions about how you and your soon-to-be ex-spouse will continue raising your children in two households. Illinois law emphasizes the importance of preserving the well-being of children and ensuring that they can maintain meaningful relationships with both parents. As part of your divorce decree, you will need to develop a parenting plan that outlines how you will share decision-making responsibilities and parenting time.

Allocation of Parental Responsibilities

The concept previously known as "legal custody" in Illinois is now referred to as the allocation of parental responsibilities. You and your spouse will need to determine how you will handle decisions in key areas, including your children's education, healthcare, religious upbringing, and extracurricular activities.

You may both have decision-making authority, or one parent may be granted sole responsibility in certain areas. For example, if one parent has been responsible for addressing medical concerns, that parent may be given the sole responsibility of addressing healthcare-related decisions going forward. Your parenting plan may be customized to fit your family's unique situation, and ideally, it will allow both parents to cooperate as you make decisions for your children going forward.

Parenting Time Schedules

In addition to parental responsibilities, your parenting plan will include a parenting time schedule. This schedule outlines when children will be with each parent, and it should include considerations for weekday and weekend routines, holiday and school break schedules, and summer vacations. It can also detail how transportation and exchanges will be handled when children transition from one parent's home to the other's.

Child Support Orders

Under Illinois' income shares model, both parents are financially responsible for supporting their children. The child support obligations for both you and your spouse will be calculated based on your combined income and the number of children you have together. If parenting time will be divided equally or near-equally, additional calculations may be performed to ensure that child support obligations are divided correctly between the two of you.

Child support orders may also address multiple types of expenses involved in raising your children, including:

• Health insurance premiums
• Uncovered medical expenses
• Educational costs
• Childcare expenses
• Extracurricular activities

Our attorneys will work with you to make sure all relevant factors are considered when establishing child support orders. We will determine all sources of income, applicable deductions, and the different types of expenses that you and your spouse may share going forward.

Equitable Distribution of Marital Property

Some of the most significant issues to address during your divorce will be related to the division of property and debt. Our attorneys can help you gain a full understanding of the financial issues that can affect the division of your assets, including:

Marital vs. Non-Marital Property

Before dividing assets, you will need to determine which property is marital and which is non-marital. Marital property includes the assets and debts you have acquired during your marriage. Assets owned by either spouse separately may be considered non-marital property, including anything owned before getting married, as well as gifts or inheritances received by one spouse or items that have been excluded from the marital estate through a prenuptial or postnuptial agreement.

Negotiating a Property Division Agreement

You and your spouse will need to reach agreements on how different assets will be divided. In Illinois, marital property does not need to be divided equally, and your settlement may be acceptable if the decisions made are fair and equitable. Types of property that may need to be addressed include:

• Real estate (marital home, vacation properties)
• Retirement accounts and pensions
• Investment portfolios
• Vehicles
• Business interests
• Personal property and household items

Asset valuations may need to be performed in some cases to make sure you understand the full value of the property owned by both spouses. If you or your spouse own a business, our attorneys can help you perform a business valuation and determine how ownership of the business may be handled going forward. We can also assist with appraisals of real estate or other property. We will work with you to negotiate a property settlement that will protect your interests and provide for your future needs.