North Aurora, Illinois Divorce Attorneys

Lawyers for Uncontested Divorce or Divorce Litigation in North Aurora

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 process of ending your marriage can be emotionally taxing, and the legal and financial issues that you will need to address may be complex. Whether your divorce is amicable or is likely to involve conflict, it is essential to understand your rights and the steps you will need to follow. Legal representation from a qualified and experienced attorney can help ensure that you will be able to complete your divorce successfully.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we help clients in North Aurora navigate the divorce process while addressing their needs and advocating for their interests. Our lawyers can assist with an uncontested or contested divorce. We will provide you with guidance based on your unique circumstances while helping you take steps to achieve your goals. We will work to minimize conflict whenever possible, but we will always be prepared to advocate for you in court when necessary. At all times, we will be committed to protecting your interests and helping you achieve long-term stability.

Uncontested Divorce: Resolving Issues Cooperatively

A divorce is considered uncontested when both spouses agree on all key issues, including how assets and debts will be divided, how child custody will be handled, and whether spousal support will be paid. Uncontested divorces can usually be resolved more quickly and efficiently than contested divorce cases. After agreeing on the terms of a divorce settlement, a couple will attend a court hearing where their divorce will be finalized.

Even when some disagreements exist, many couples can avoid courtroom battles and complete an uncontested divorce by working together to address and resolve the outstanding issues in their case. The options for doing so may include:

• Negotiation: Spouses can work together to reach agreements on the terms of their divorce settlement. Each spouse may be represented by their own attorney during these negotiations.
• Mediation: A couple may meet with a neutral mediator to discuss the issues in their case and work together to reach agreements on the terms of their settlement. The mediator can help spouses communicate and compromise on disputed issues.
• Collaborative Divorce: The spouses and their attorneys may agree to work cooperatively to negotiate a divorce settlement outside of court. This method often involves additional professionals such as financial planners or child psychologists. The couple will agree to approach negotiations honestly, disclose requested information, and attempt to reach agreements on all outstanding issues. If a couple fails to reach agreements, both attorneys must withdraw before the outstanding issues can be addressed through litigation.

Contested Divorce: When Litigation May Be Necessary

A divorce becomes contested when spouses cannot agree on one or more key issues. These cases will require court involvement, and a trial may be held. Typically, a pre-trial conference will be held in which the parties' attorneys will discuss the outstanding issues with the judge and determine whether a resolution may be possible.

If no agreements can be reached, a trial will be held in which each party's attorney may present evidence and arguments, call and cross-examine witnesses, and advocate for a favorable outcome for their client. The judge will issue a divorce judgment that includes the final decisions on all issues in the case.

Contested divorces can be lengthy and expensive, but they may be necessary when one party is unwilling to cooperate or when significant legal or financial issues are at stake. Our lawyers can provide the representation needed to protect our client's rights and interests during a contested divorce.

Issues to Address During the Divorce Process

As a couple proceeds with a divorce, they may need to resolve disputes related to:

• Property Division: A couple's marital property will need to be divided in a manner that is considered fair and equitable. Marital property includes assets and debts acquired while a couple was married, such as real estate, bank accounts, retirement benefits, business interests, investments, vehicles, jewelry, artwork, and household items. Marital debts may also need to be considered during the property division process.
• Child Custody and Parenting Time: If a couple shares children, they must create a parenting plan that outlines the allocation of decision-making responsibilities, includes a detailed parenting time schedule, and provides communication guidelines and dispute resolution methods.
• Spousal Support (Maintenance): Alimony may be awarded if one spouse has a financial need and the other has the ability to pay. Factors that may affect decisions about maintenance may include the income and earning capacity of each spouse, the standard of living during the marriage, and contributions a spouse made to the other spouse's education or career. Statutory guidelines will be used to calculate the amount and duration of payments.
• Child Support: Parents will be required to provide financial support for their children. The amount of parents' obligations will be determined based on the net income earned by both parents. Additional child-related expenses may also need to be addressed, including those involving healthcare, education, childcare, and extracurricular activities.

Modifying a Divorce Decree

After a divorce is finalized, the parties or their children may experience changes that will require modifications to the court's orders. Illinois law allows a divorce decree to be modified when there has been a substantial change in circumstances. Common reasons for modifications include:

• A significant change in income or employment
• A parent planning to relocate with their children
• Changes in the child's needs or schedules
• Health issues that affect a parent's ability to provide care for children

Modifications may apply to child support, spousal support, or parenting plans. A formal petition must be filed with the court to request a change. The person requesting the modification will need to show that a significant change in circumstances has occurred or will occur. They may also need to demonstrate that their proposed modifications will provide for their children's best interests.