630-584-4800

630-584-4800

Clarendon Hills, Illinois Divorce Attorneys

Goostree Law Group

"My experience was truly excellent. Tricia and everyone at the office are extremely knowledgeable and very kind!"

stars
Read More

Lawyers Providing Legal Help for Clients Going Through Divorce in Clarendon Hills

When couples get married, they are forming a partnership that is meant to last. They expect to spend the rest of their lives together, and as they combine their finances, live together in the same home, and have children, nearly every aspect of their lives becomes intertwined. Unfortunately, couples may grow apart during their marriage, or they may encounter differences that could affect their plans for the future. When a relationship breaks down, and divorce enters the picture, unraveling a couple's combined life can be difficult.

During the divorce process, a couple will need to address matters related to their property and finances. They may need to make decisions about the custody of their children. Depending on each party's financial status, ongoing support payments may be necessary. The decisions made will have consequences that can affect the future of both parties. With so much at stake, a knowledgeable attorney can provide essential guidance to help a person get through the divorce process successfully.

At Goostree Law Group, our lawyers understand that every divorce is unique. The financial and emotional issues that may play a role in a case can be difficult to address, but we can provide the legal help and representation needed to make sure these matters will be handled correctly. We provide thoughtful, compassionate guidance, working to identify potential issues, resolve disputes, and ensure that our clients can get through these difficult situations and move forward into the next chapters of their lives.

Filing for Divorce in Illinois

Illinois is a no-fault divorce state. When a person files a petition for dissolution of marriage and begins the divorce process, the only grounds for divorce that they will list are "irreconcilable differences." That is, their petition will state that their marriage has broken down and cannot be repaired, and it would not be in the best interests of the couple or other family members to attempt reconciliation. Without the need to prove that either spouse was at fault for the divorce, a case can focus on the practical details of dissolving the marriage rather than arguments over who was to blame.

Once a divorce petition is filed, the other spouse will be served with notice of the divorce, and they will have an opportunity to respond. Depending on the circumstances of the case, they may file a court appearance, a response to the issues raised in the initial divorce petition, or a counter-petition of their own. The case will then move into the discovery and negotiation phase, where the couple will exchange financial information and begin to work out the terms of the divorce.

Call 630-584-4800 and let us help your family.

  • Illinois State Bar Association
  • DuPage County Bar Association
  • Kane County Bar Association
  • Top 100 Lawyers
  • Lead Counsel

Attorney Spotlight

Goostree Law Group

Tricia D. Goostree

  • Martindale-Hubbell Distinguished, 2025
  • Best Lawyers, 2019 - Present
  • Best Law Firms, Ranked by Best Lawyers
  • Elite Lawyer, 2018 - Present
  • Super Lawyers, 2016 - Present
  • Super Lawyers, Rising Stars, 2011 - 2015
  • American Institute of Family Law Attorneys, 10 Best For Client Satisfaction, 2016
  • Avvo 10.0 Rating
  • Top 100 Lawyers, The National Advocates

Division of Marital Property

Some of the most significant issues to address during a divorce will be related to determining how property will be divided. During divorce negotiations, spouses may work together to reach agreements on how they will divide their marital property. If an agreement cannot be reached, a judge may determine how to divide property fairly and equitably during a divorce trial.

What Is Marital Property?

The property that will need to be divided during a divorce will include all assets and debts that a couple has acquired during their marriage. If property was purchased after a couple's marriage and before their legal separation, it will typically be considered marital property, no matter who made the purchase, who used the property, or whose name is on a title or a financial account. Marital property can include:

  • Real Estate: A couple's family home and any other real estate property they purchased or acquired during their marriage will typically be classified as marital property.
  • Financial Accounts: Funds in checking accounts, savings accounts, CDs, or other bank accounts will generally be considered marital assets if they were earned or received by spouses during their marriage.
  • Retirement Accounts: 401(k) plans, IRAs, pension benefits, and other retirement benefits earned or saved during a couple's marriage are subject to division. A Qualified Domestic Relations Order (QDRO) or similar methods will need to be used when dividing and transferring these funds, ensuring that tax penalties will not apply.
  • Business Interests: When a couple owns a family business or either spouse has ownership interests in other types of businesses, these may be valuable assets that will need to be addressed during the divorce process. A business valuation can help ensure that a couple fully understands what a business is worth so they can make decisions about ownership.
  • Vehicles: Cars, trucks, motorcycles, boats, and other vehicles purchased during a couple's marriage are typically considered marital property.
  • Personal Property: Furniture, jewelry, artwork, collectibles, and other personal items kept in a couple's home may need to be addressed.
  • Marital Debt: Credit card balances, loans, and other debts that were acquired during a couple's marriage are also part of the marital estate, and they may need to be allocated between spouses.

What Is Non-Marital Property?

Some of the property owned by spouses may not be subject to division during divorce. Non-marital property may include assets owned by a spouse before the couple got married, as well as gifts or inheritances received by one spouse during the marriage. These assets will typically remain the sole property of a spouse. In situations where non-marital assets have been commingled with marital assets, it may be necessary to trace the source of different assets to determine what will need to be divided during the divorce process.

Spousal Maintenance

Maintenance, which is also known as alimony or spousal support, may be a factor in some divorce cases. One spouse may ask for financial support from the other spouse to address their ongoing needs and make sure they can maintain the same standard of living they had while they were married. Maintenance may be a factor if there is a large difference between the incomes earned by the spouses or if there are reasons that one spouse may need ongoing financial assistance.

There are multiple factors that may be evaluated to determine whether spousal support should be paid, including:

  • Each spouse's income level and their earning potential based on their education and work experience
  • Other financial resources available to each spouse, including property awarded during the division of assets
  • Each party's needs, including ongoing expenses and other issues that may affect their standard of living
  • Whether one spouse left the workforce or gave up career opportunities during the couple's marriage to care for children or handle other family responsibilities
  • Whether one spouse provided assistance to help the other spouse advance in their career
  • Terms of a prenuptial or postnuptial agreement that detail whether spousal support will be awarded to either spouse
Infographic

Protecting what you hold close when it Matters Most.

Schedule a Free Consultation
Goostree Law Group

"...Took time to answer all my questions and made sure I understood the process. Looking forward to working with this team in the very near future..."

stars

Frequently Asked Questions About Divorce in Clarendon Hills

Q

How Long Does a Divorce Take?

Answer: The timeline for divorce can vary depending on the complexity of the issues that will need to be resolved and whether the parties are willing and able to reach agreements on the outstanding issues. If both spouses agree on all terms of their divorce settlement, the process could be completed in as little as a few months. However, if a divorce involves high levels of conflict or complex issues that will need to be resolved, the process can take a year or longer.

Q

Does Illinois Require a Separation Period Before Divorce?

Answer: Illinois law does not require couples to complete a separation period before a divorce can be finalized. If a couple agrees on all terms of their divorce, they can complete the dissolution of their marriage by filing a settlement in court. However, if one spouse does not agree that there are irreconcilable differences that have caused their marriage to break down, a six-month period of separation will serve as a presumption of irreconcilable differences that will allow a divorce to move forward.

Q

What Happens to the Family Home in an Illinois Divorce?

Answer: A couple's family home will typically be considered marital property if it was purchased during their marriage. Options for addressing the home may include one spouse buying out the other's share of the equity and keeping the property or selling the home and dividing the proceeds. Our lawyers can provide guidance on how to address real estate property during a divorce, and we will advocate for solutions that will meet our clients' needs.

Q

Do I Need an Attorney if My Divorce Is Uncontested?

Answer: Even in an uncontested divorce, it is advisable to work with a lawyer. Our attorneys can provide guidance on the best ways to address the issues involved in a divorce, and we can review proposed settlements to ensure that they fully address all relevant issues, protect our client's rights, and comply with Illinois law. Mistakes or oversights in a divorce settlement can be difficult and costly to correct. We will make sure all issues in a divorce will be handled correctly.

Contact Our Clarendon Hills, IL Divorce Lawyers

Whether you are considering divorce, have taken steps to separate from your spouse, or have been served with divorce papers, legal representation is essential during your case. The decisions made during the divorce process can affect your financial security and other aspects of your life for years to come. At Goostree Law Group, we can provide you with effective, compassionate legal support as you work to dissolve your marriage. Contact our Clarendon Hills divorce attorneys today at 630-584-4800 to schedule a free consultation.

Back to Top