Oak Brook, Illinois Divorce Attorneys

Lawyers for Property Division, Child Custody, and More in Oak Brook Divorce Cases

Attorney Spotlight

Henry D. Kass

• Collaborative Divorce Illinois (CDI), Fellow, 2019-Present
• Elite Lawyer, 2020-Present
• International Academy of Collaborative Professionals, 2019-Present
• Qualified Parenting Coordinator (Domestic Relations), 2024
• Super Lawyers, 2015-Present
• Top Attorneys in Illinois, Chicago Magazine, 2015, 2017

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Meet Our Team

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.

Getting a divorce is rarely a simple process. Ending a marriage will involve multiple types of legal concerns related to a couple's property, finances, living situations, and children. In Oak Brook, Illinois, many marriages involve significant financial assets, business interests, and complex property holdings, which can make the divorce process even more complicated. Legal representation from a skilled and experienced attorney can be crucial to make sure all of these issues will be addressed correctly during a divorce.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our lawyers work with clients to address the challenges that may arise as they work to dissolve their marriages and move forward with their lives. We provide comprehensive representation for people navigating high-stakes divorces in Oak Brook, and we work closely with our clients to ensure that they understand their rights and options at all times. We guide our clients toward resolutions that will preserve their financial integrity and support their families' futures.

Key Legal Issues in an Oak Brook Divorce

A couple will need to resolve all outstanding issues in their case before the court can finalize the dissolution of their marriage. Financial concerns to address will include the division of marital property, as well as determining whether either party may be eligible to receive spousal maintenance. Parents will need to address concerns related to child custody, which includes the allocation of parental responsibilities and parenting time. They will also need to establish child support obligations to ensure that their children's financial needs will be met.

Some divorces may be relatively straightforward, and spouses may be able to negotiate agreements and create divorce settlements outside of court. Other divorces may be more complex, involving detailed financial issues or conflicts between spouses. Regardless of the specific issues involved in a case, our attorneys work with our clients to complete the divorce process efficiently and effectively while protecting their rights at all times.

High Net Worth Divorce and Complex Property Division

In Oak Brook, many divorces involve substantial assets accumulated over years or decades of marriage. These may include real estate portfolios, closely held businesses, luxury items, retirement accounts, and other high-value investments. Some of the issues that may need to be addressed in a high net worth divorce include:

Identifying and Classifying Marital Property

A critical first step in the property division process involves determining which assets are considered marital property and which are non-marital. While marital property generally includes any assets a couple has purchased or acquired during their marriage, and non-marital property includes inheritances and assets either spouse owned before their marriage, there may be some confusion about how different types of property may be classified.

Our lawyers can help identify all assets and debts that will need to be considered during the divorce process. If necessary, we can work with financial experts to trace the source of different assets to determine whether they are marital or non-marital.

Business Valuations

When one or both spouses own business interests, valuations will need to be performed to ensure that the present and future value of the business is understood. Factors considered during a business valuation may include:

• Business income and profits
• Business assets and liabilities
• Market conditions and goodwill
• Ownership shares
• Investment and capital contributions

A forensic accountant or valuation professional may be brought in to provide an accurate assessment of the business's value. Our attorneys can work with financial experts to make sure our clients fully understand the value of business assets. We can help negotiate agreements that will protect our clients' interests in businesses and professional practices.

Division of Retirement Accounts

Retirement savings are another major component of many marital estates. Pensions, 401(k)s, IRAs, and stock options acquired during the marriage are typically considered marital property. To divide these assets without incurring penalties or tax consequences, our lawyers can help create Qualified Domestic Relations Orders (QDROs).

Properly evaluating and dividing retirement benefits can be complex, especially when accounts include both marital and non-marital assets or when benefits include future, deferred compensation. Our attorneys can analyze these assets, negotiate agreements to divide assets fairly, and make sure QDROs or other methods are used correctly to allocate funds or benefits.

Spousal Maintenance (Alimony)

If there is a significant difference in income or earning potential between spouses, one party may be eligible to receive ongoing spousal support. This financial assistance can help ensure that a person who earns a lower income or who has relied on their spouse's income during their marriage will be able to maintain the standard of living they became accustomed to during their marriage.

While maintenance is not always awarded in a divorce, it may be requested, and the court may consider multiple factors to determine whether it will be appropriate. These factors include the amount of income that each party currently earns and the amount they could potentially earn based on their education and work experience. Other circumstances may also play a role in these decisions, including any contributions that one spouse made toward the other's education or career and the sacrifices that a person has made to focus on family responsibilities rather than their own career.

If maintenance is awarded to one spouse, statutory guidelines will usually be used to determine the amount that will be paid and the duration of the payments. However, in high net worth divorces, these guidelines may not apply, and the court may determine an appropriate amount based on a couple's circumstances. Our lawyers work with clients to ensure that all issues related to spousal support will be addressed correctly. We advocate for fair support arrangements that will protect our clients' best interests.