Lombard, Illinois Divorce Lawyers

Attorneys Assisting With Asset Division, Spousal Support, and More in Lombard Divorce Cases

Getting a divorce can be one of the most challenging experiences a person can face. The process of dissolving a marriage will involve complex legal issues and difficult decisions about property and finances. It may also involve emotional struggles related to the end of a long-term relationship, conflict between spouses, and disagreements about matters related to children. To make sure these issues can be handled correctly, a person will want to secure legal representation from an attorney who can provide guidance and representation while protecting their rights.

At Goostree Law Group, our lawyers have comprehensive knowledge of the laws that affect divorce cases in Illinois and the procedures followed in DuPage County courts. We understand the financial concerns and emotional difficulties that our clients may experience, and we provide compassionate representation focused on achieving results that will allow our clients to move forward with their lives.

Filing for Divorce in Illinois

A spouse can begin the divorce process by filing a Petition for Dissolution of Marriage. This petition will be filed in the circuit court in the county where the couple currently lives, or, if they are already separated, in the county where one spouse resides.

Illinois is a no-fault divorce state, which means that the only grounds for divorce that may be included in a divorce petition are "irreconcilable differences." In general, irreconcilable differences will involve disagreements between spouses that have led to an irretrievable breakdown of their relationship and marriage. A divorce petition will usually state that attempts to reconcile and save the marriage have failed, and any future attempts at reconciliation would not be beneficial for the family.

After one spouse files a divorce petition, the other spouse must be served with the divorce papers, and they will have the opportunity to file a response. The response may consist of a simple court appearance, or the respondent may answer any claims or requests made in the original divorce petition. The divorce process may then proceed through negotiations between the spouses, mediation, or litigation in court.

The Role of Discovery in Divorce Cases

Discovery is a critical component of the divorce process that will ensure that both spouses will have information about their marital assets and debts, as well as the income and expenses of both parties. Our lawyers guide clients through the discovery process to ensure that all relevant financial information is obtained and that divorce-related decisions will be based on accurate and complete data.

The methods used to gather information during discovery may include:

• Interrogatories: Either party may submit written questions or requests for information to the other party. These requests may address topics such as income sources, employment history, assets, debts, and expenses.
• Requests for Production of Documents: Formal demands may be submitted to turn over financial records such as tax returns, bank statements, investment account statements, retirement account statements, credit card statements, mortgage documents, and business records.
• Depositions: Arrangements may be made for either party to provide testimony under oath. Attorneys may ask questions about financial matters or other information relevant in a divorce.
• Subpoenas: Legal orders may be filed that will require third parties such as banks, employers, or financial institutions to produce records that may be relevant during a case.

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Division of Marital Property

Some of the key issues addressed during a divorce will be related to the property a couple owns. Marital property will need to be divided between spouses in a manner that is fair and just, although an equal division will not necessarily be required. Marital property will generally include assets and debts acquired during the couple's marriage. Property a person owned before getting married or gifts or inheritances received by one spouse will usually not be included in marital property, and these assets will not be divided.

Types of Assets to Address During a Divorce

When making decisions about property division, couples may need to consider assets such as:

• Real Estate: A couple's family home may be one of their most substantial assets. Disagreements may arise over who will keep the home, especially if it holds sentimental value or if a parent wants to avoid uprooting their children. In high net worth divorce cases, other properties may also need to be considered, such as properties, rental properties, and land holdings.
• Financial Accounts: Bank accounts, savings accounts, money market accounts, certificates of deposit, and brokerage accounts containing stocks, bonds, and mutual funds may need to be divided between spouses.
• Retirement Assets: Pension plans, 401(k) accounts, IRAs, and retirement assets may need to be divided between spouses. Qualified Domestic Relations Orders (QDROs) or other methods may be used to transfer funds without tax penalties.
• Business Interests: Ownership stakes in family businesses, professional practices, partnerships, or corporations may need to be addressed. Business valuations can be performed by experts to ensure that both spouses understand the value of these assets. One spouse may buy out the other's stake in a business, or a company may be sold. In situations where spouses can get along and work together, they may decide to continue co-owning a business as partners.
• Personal Property: Vehicles, furniture, jewelry, artwork, collectibles, and household items will need to be allocated between spouses. Appraisals may be needed for valuable items, and spouses may work together to reach agreements that will allow them to keep property that is important to them.
• Debts: Credit card balances, mortgages, car loans, student loans, and other debts may also need to be divided as part of the divorce settlement. In some cases, spouses may agree to pay off debts during their divorce to avoid situations where one party may be held responsible for debts assigned to the other party.

Spousal Maintenance Considerations

Payments made by one spouse to the other to help them maintain their standard of living are known as spousal maintenance, spousal support, or alimony. A spouse may request ongoing support if they believe that they do not have the resources to cover their ongoing expenses, such as when a person has been a stay-at-home parent or when one spouse earns a higher income.

Courts may consider multiple factors when determining whether maintenance is appropriate and how much should be paid, including each spouse's current income; the earning capacity of each spouse based on their education, work experience, and skills; how time that one spouse spent away from the workforce may have affected their career prospects; whether a spouse will need time to pursue education or training; the level of support that one spouse provided to the other, including by managing household duties while the other spouse focused on their career; and the age and health of both parties.

Illinois law provides guidelines for calculating the amount of maintenance payments and the duration of time in which they will be paid. The amount is typically calculated as 33.33% of the paying spouse's net income minus 25% of the receiving spouse's net income. The duration of maintenance payments will usually be a percentage of the length of a couple's marriage, ranging from 20% for marriages of less than five years to 100% or indefinite maintenance for marriages that lasted 20 years or more.