Experienced and Compassionate Woodridge Divorce Lawyer

Woodridge Divorce Lawyer

THE WOODRIDGE DIVORCE LAWYERS AT WOLFE & STEC, LTD. OFFER FREE CONSULTATIONS TO DISCUSS YOUR CASE. WE CAN HELP YOU FIND THE BEST POSSIBLE OUTCOME IN DIVORCE AND RELATED FAMILY LAW ISSUES.

Divorce is never easy. It can be devastating for the couple, their children, and other family members. It is one of life’s greatest sources of stress, but is sometimes the only way forward. In fact, almost 50 percent of marriages in the United States wind up in divorce court. At this turbulent time, when you are likely to be worried about your future, your finances, and the impact on your kids, you need a good divorce attorney to take you through the process.

As trial lawyers, our divorce attorneys know the importance of thorough preparation and aggressive representation. As people with families ourselves, we understand that divorce is not simply about dividing assets and property. Our divorce lawyer represents our clients with a deep sensitivity to the emotional impact divorce has on all parties affected.

Call Wolfe & Stec today at 630-305-0222 for your no-cost consultation. Our Woodridge divorce attorney is here for you to walk you through the process of your divorce and to stand by your side.

Why You Need a Woodridge Divorce Lawyer

You and your soon-to-be-ex-spouse are on relatively good terms. You both just want a speedy and fair resolution and to then be able to move on with your lives. There’s no need to hire a lawyer, right? Wrong.

Trying to handle a divorce yourself could be a costly mistake. Even if you and your spouse agree and the divorce is friendly, this may change without warning as unexpected situations arise. Children have issues; spouses become jealous or spiteful over new relationships; or one may start perceiving that the other is coming out ahead financially. Having an attorney can protect your rights when a once-cooperative spouse turns sour.

Remember, once your divorce is final, mistakes are almost impossible to undo; and not only can they cost you a significant amount of money, but you and your children can suffer effects that last a lifetime. It is wise to have a divorce attorney in Woodridge involved to make sure you get it right the first time.

Here are some reasons to hire a competent Woodridge divorce attorney:

• Issues come up with custody and visitation, and the future of your children is at stake.
• Your attorney can help make sure marital property is divided fairly and equitably.
• If you and your spouse can’t negotiate a settlement, you may have to go to trial, where an attorney’s assistance is essential.

The divorce process is complex, and laws constantly change — such as the 2019 major revisions to the Illinois Marriage and Dissolution of Marriage Act. During the Trump administration, there were changes to tax liability regarding maintenance payments. With the Biden administration in office, there may be more changes that the Illinois legislature will have to address with additional amendments. Your attorney can help you through the steps and processes and ensure that you understand the changes.

If you live in the DuPage County area, you want a divorce attorney that knows the local courts and other lawyers and has their fingers on the pulse of the way the legal system runs in Woodridge. This kind of support can make a significant difference, so call us at Wolfe & Stec at 630-305-0222.

When to Hire a Divorce Attorney

The short answer: right away. Knowing when to hire a divorce lawyer can make the difference between an amicable split and a drawn-out battle, and a difference in your final settlement. It makes sense to contact an attorney immediately, even if you are just thinking of divorce, and certainly if you have been surprised by divorce papers from your spouse.

At Wolf & Stec, we offer free, no-commitment consultations. Call us at 630-305-0222 to schedule an appointment.

Our attorneys and staff give you the emotional support you need right from the beginning, evaluate the specifics of your situation, and proceed in the best way to protect your assets and legal rights. Getting on the right path from the start will help prevent mistakes and ensure that the outcome of your divorce is as favorable as possible.

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What Should I Do Before Telling My Spouse I Want a Divorce?

Telling your spouse you want a divorce is bound to be difficult, so make sure it is really what you want. If you are sure, prepare ahead of time and consider working with a counselor to help you sort through your feelings. Consult with an attorney to make sure all is in order; do thorough preplanning and gather all your paperwork before you tell your partner anything. Then:

• Pick a good time and place so you can speak without interruptions and have plenty of time to talk.
• Be direct, but firm, and as respectful and kind as possible. Be aware that you may encounter resistance, anger, and emotional escalation.
• Don’t negotiate about dividing property, child support, alimony and/or your parenting plan and timesharing arrangements without guidance from the right professional.

If you have children involved that will be impacted by the divorce, such as with new living arrangements or simply the worry and confusion that may come with parents’ splitting the family, the advice of a professional counselor will be vital. It may be best, however, to keep their counsel for purposes of making the event easier rather than using the therapist as a witness – or weapon – in the divorce. To know all of your options that are specific to your situation, it’s best to consult with a divorce lawyer in Woodridge sooner rather than later. Our experienced compassionate divorce attorney at Wolfe & Stec can guide you through the process, start to finish, explaining every choice before you at each step of the way. Give us a call at 630-305-0222 to begin today.

What Should I Do Before Filing for Divorce?

Preplanning before filling for divorce allows you to protect what you can before the courts get involved.

Things you should do before filing for divorce include:

1. Plan for post-divorce life. Think about how you are going to live your life after the divorce is filed and have an idea what you will need to survive financially. Will you be able to support yourself and your children, keep your house and furniture, get your own health and other insurance, and get your own credit cards?
2. Evaluate your assets. Gather information and paperwork about your finances and possessions, including your home, investment property, financial accounts, and valuables.
3. Evaluate debts. Know what you and your spouse owe in terms of credit card and business debts, mortgages and loans, and any judgments against you. Order a free credit report from one or more of the major agencies (Equifax, Transunion, or Experian).
4. Get a financial consultant. Consider hiring a financial consultant or lawyer to do a financial discovery if you have a high-asset divorce.
5. Keep your non-marital property separate. Marital property consists of all assets you or your spouse acquired during the marriage and before your divorce judgment, and this is the property that will be divided by the courts. It also includes non-marital property that has been transferred into co-ownership and commingled.
6. Consult with a divorce attorney. It’s best to talk to an attorney before you file so you can be advised on all the steps you should take immediately. Only by working with a divorce lawyer early on can you get the best legal consultation for your specific situation and avoid mistakes that could hurt you later.

Why Work with Our Trusted Divorce Lawyers in DuPage County

The veteran divorce attorneys at Wolfe & Stec know the intricacies of Illinois divorce law, and we handle the full scope of divorce and related family law issues. Whether your case is simple or complex, amicable or contentious, we work hard to ensure it is resolved expeditiously and fairly, with minimal stress. Out of our Woodridge office, our divorce lawyers serve clients throughout DuPage County and surrounding counties.

Issues with Property and Assets in a Divorce

How you stand financially after divorce is of great concern for both parties, so our divorce attorneys focus on the financial planning aspects of divorce. We are familiar with the common tax, benefits and retirement issues that normally arise, but will refer you to a financial advisor if you need expert help on issues such as the short- and long-term impact of dividing property and analyzing pension and retirement plans. We can help you create a realistic budget and future spending plan. We can also connect you with a bankruptcy lawyer if this is a consideration.

Whether you have relatively few assets, or you have multiple properties, businesses, and accounts, our divorce attorneys will help protect your interests within the law.

Factors that Impact Property Division During a Divorce

There is much to consider when undergoing a divorce, as the rest of your life is at stake. Illinois is an equitable distribution state. This means marital property and debts need not be divided 50/50, but according to what the courts decide is “equitable.” The court’s property division decision is guided by twelve factors set out in the law, and it does not consider “marital misconduct” in dividing the property and debts. The factors include:

• Each party’s contribution to the marriage
• Dissipation of assets by each party
• Value of property assigned to each spouse
• The length of the marriage
• The relevant economic circumstances and timing
• Prior marriages
• Pre- and post-nuptial agreements
• Situational status
• Custody of children — how to allocate parental responsibilities and time
• Spousal maintenance
• Future income
• Tax consequences of the property distribution.

Prenuptial/Postnuptial Agreements

Prenuptial agreements aren’t just for the super wealthy person marrying the less-well-off person. Such agreements can help prevent a lot of aggravation down the line, as they create a basis for agreement should divorce occur. Prenuptial agreements are best suited for people who have premarital funds and ventures they do not wish to blend with marital assets. Agreements also make sure money stays in the family in the event that the new prospective spouse passes away during marriage or in case of divorce.

The Illinois Uniform Premarital Agreement Act speaks to prenuptial agreements in state law. The agreements must be in writing, both parties to the marriage must sign for the agreement for it to be enforceable, and the marriage must actually take place. The agreements may be amended by spouses after the marriage as long as they both agree.

If you don’t have a prenuptial agreement, a postnuptial agreement may be an option. It is similar to a prenuptial agreement except that it is entered into and signed after marriage. Our attorneys will create a unique and personalized prenuptial or postnuptial agreement that is tailored to meet your needs.

Equitable Property Division is an Important Component of Divorce

Property division in the dissolution of a marriage is governed by statute. Illinois is an equitable distribution state — marital property is divided equitably, not necessarily equally. All property acquired after the marriage and before a judgment of dissolution of marriage is presumed to be marital property, and this is divided without regard to marital misconduct.

To determine what is equitable, both spouses are required to provide a complete disclosure of their financial information. You will have to provide pay stubs, income tax returns, and bank statements supporting the information listed in the affidavits. The court may also look at the dissipation of assets, tax liability, child custody and other matters.

Business Valuations During Divorce

If you have a business, our attorneys will help you protect it in divorce, as well as your retirement accounts and any pre-owned property. In some circumstances, such as a situation where a spouse was employed by, or helped run, the company, the spouse may be entitled to as much as 50 percent of the business in a divorce, so we work to ensure that you don’t do anything to put your business at risk. We know the importance of capturing all financial records in a business valuation to ensure we can best protect your interests.

In addition, partnership, shareholder and/or operating agreements should have provisions to protect the interests of the other owners if one gets divorced.

Spousal Support/Spousal Maintenance

As of January 1, 2019, Illinois spousal support laws have changed. The new law sets out formulas that would apply in most cases to determine the proper amount of support and the number of years the maintenance award shall continue. (See 750 ILCS5/504.) Our experienced divorce lawyers are there to help establish support payments and explain the types of support that you may be entitled to or must pay.

Get in touch with the divorce attorneys at Wolfe & Stec to learn more about issues with property and assets in a divorce and how they pertain to your case.

Special Situations Handled by Our Divorce Lawyer

Not every divorce looks the same. Some cases require special handling, due to finances, family dynamics, or other unique situations. Our lawyers bring the experience necessary to expertly represent their clients even in the most challenging divorces. If you have a special situation in your divorce, it is in your best interest to contact an experienced, knowledgeable divorce attorney in Woodridge for help.

High-Asset Divorce

The more assets involved, the more you have to risk if your divorce is not handled properly. Our divorce attorneys handle cases for individuals with high net worth and those involving family-owned businesses.  We strive to protect your pre-marital, family, and business assets, and to make sure the distribution of marital assets is equitable and fair.

High-Conflict Divorce

A normal divorce is bad enough, but when it degenerates into a high-conflict one, you need a skilled attorney on your side.  Spouses undergoing high-conflict divorce often clash, fight, and show hostility in almost every situation.  They frequently take each other to court and may take out restraining or no-contact orders and accuse their partner of domestic violence, physical abuse or sexual abuse.

Major areas for high conflict include:

• Money – After a divorce, money has to support two households, so divorcing partners often feel there is never enough and that they are not getting their fair share.
• Children – Children feel as if they are being pulled in two directions when parents are in a high-conflict divorce.
• Possessions – Who gets the house and the car are big ones, but spouses may fight about every little item despite the consequences in time, stress, and cost.
• New relationships – When a spouse begins dating, jealousy raises its ugly head.
• Revenge – High-conflict divorcing spouses often seek revenge and go to great lengths to get even, including frequent court actions and involvement of third-party investigators.

It is in your best interest to reduce the acrimony in your divorce case and approach with a level head. Let your attorneys do the talking. Don’t make your children confidants in the dispute. If approached by a spouse with ill will, consider avoiding direct contact if you can’t calm the situation. Do not be afraid to seek professional help.

When one spouse chooses to divorce and the other does not want it to happen, conflict can quickly escalate and is sometimes unexpected. Be aware of this possibility and if you think that could happen, talk to our divorce lawyer about it. Our compassionate understanding comes from experience with our clients. We know what to do and what resources can help you navigate this difficult step in your divorce.

Military Divorce

An Illinois military divorce involves different laws than a civilian one, and we have the expertise to handle divorce for both service members and their spouses. Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521, there are military rules and regulations for serving papers on a soldier, and laws for maintenance, child and spousal support, and division of a military pension. Active duty spouses have legal protection to allow them to “devote their entire energy to the defense needs of the Nation,” through 60 days post active duty, so there are times it is necessary to postpone the filing of your divorce papers.

There are also federal laws that allow for support for former spouses of military members who served significant time in the armed forces.

Our divorce attorneys at Wolfe & Stec understand the variables that make every divorce a unique situation, including military divorce. To discuss the particulars of your case, call our Woodridge office today at 630-305-0222.

How to Consider Children in the Divorce

Divorce is a major life-changer for children, who are bound to be affected emotionally and have fears and insecurities about their future. Will they get to see both their parents; will they have to leave their home, school and friends; will there be enough money for them to meet their needs?

In any divorce settlement, Illinois courts make the needs of the children a priority. Parents must come up with a parenting plan that that outlines how both parents will continue to care for and provide for their children after separating. You and your spouse ideally will work together to come up with a plan. If that is not possible, or if there is significant animosity between you and your spouse, you can work separately but have attorneys come together to hammer out an agreement.

In making your plan, you should include all elements that are essential to cover your children’s physical, emotional and social needs, plus the needs and considerations of both parents. Basic plan essentials should include:

• Parenting time schedule.  Lay out the time your children will spend with each parent. Include their daily living schedules, holidays, and vacation time.
• Parental Responsibility.  State which parent will have most of the decision-making responsibilities in the major life areas, including education, medical and health situations, extra-curricular activities, and religion.
• Parenting Guidelines.  Come up with rules that both parents agree to follow as they raise their children.
• Traveling.  Designate how much vacation time each parent has and include provisions about traveling and relocating if parents move a long distance apart.
• Financial information.  Include financial information about child support, claiming children as a dependent for taxes, and handling reimbursement for extra expenses.
• Revising the Plan.  Lay out how both parents will revise the plan if it becomes necessary or desirable, and a way to resolve disagreements about revisions to the plan.

We Focus on the Needs of Each Client

While every client and family dynamic is different, there are a few issues that tend to be more relevant to men, to women, and to same-sex couples. We have the skills and experience to represent all of our clients with a tailored and personal approach.

Divorce Attorneys Representing Men

Men have specific issues in divorce and should hire a Woodridge divorce attorney who has experience with and understands these issues, including:
Custody and visitation. Traditionally, divorce courts were biased toward the mother in custody proceedings, and the common arrangement was for the mother to have residential custody and the father to have visitation, often every other weekend and one night during the week.  In recent years, courts have become more gender-neutral and now focus on the best interests of the child. As a result, more men can get shared custody arrangements, known as “parental time and responsibilities.”

Spousal support. Since men are often the higher wage-earners, they are more often affected by the new tax law, which eliminates the tax break for alimony payments that are finalized or modified after Dec. 31, 2018. The changes in the tax law are reflected in the 2019 changes to Illinois law regarding marital dissolution. The old system allowed people paying alimony to deduct the payments from their income before calculating taxes. The new system requires payment of taxes on all income, including that which is spent on alimony. While the recent changes stem from a previous administration in the White House, we have not yet seen how the newest administration will affect tax law regarding alimony payments – if at all – going forward.

Divorce Attorneys Representing Women

While our society has made strides toward gender equality, wives still do the bulk of the housework and childcare, and many hold a job as well. Since women often earn less and many have stayed home to raise children or have supported their husband’s career, they are often worse off financially when on their own.

While the courts are striving to be more gender neutral, your attorney should be familiar with the laws and understand the unique issues affecting women and their children in the areas of property division, child custody and support, and spousal maintenance. For example, under the tax law that went into effect January 1, 2019, the spouse receiving alimony receives it tax free, the same as money paid for child support. However, since the alimony recipient earns less than the paying spouse, the paying spouse hit by increased taxes will try to negotiate lower payments, so alimony recipients may wind up losing 10% to 15% of what they would get under the old law. Since usually women earn less than their spouses, the new law will hurt them – and their children — the most.

Divorce Attorneys Representing Same-Sex Couples

Same-sex marriages or civil unions terminate the same way as a traditional marriage, with the divorce governed by the Illinois Marriage and Dissolution of Marriage Act. Divorcing same-sex couples need to deal with the usual issues of property division, spousal maintenance, child custody and child support.

In dividing property, the courts consider whether property or assets were acquired before marriage or whether the assets are marital property, obtained during the marriage. As in a traditional marriage, spousal support will depend on factors such as the length of the marriage, the income and property owned by parties, and whether one spouse has been a stay-at-home parent.

Alternate Approaches to Divorce Litigation

There are several alternatives to traditional litigation that are available to those considering divorce.

Mediation

In some cases, couples may work out an agreement through a process called mediation. It is always better for divorcing partners to hammer out differences together rather than to submit to the final verdict of a family court judge. Mediation offers a chance for both spouses to resolve issues with the help of a neutral third party under conditions that are designed to minimize the possibility of conflict.

With regard to custody matters, the court requires divorcing spouses to enter meditation to resolve the issues. This may not be the best course of action in some cases, and the state courts recognize this, allowing some couples to opt out if the situation warrants it, for example, where there has been domestic violence as an issue.

There are variations to the process of divorce mediation in Illinois, including the possibility of mediation through a phone conference.

To ensure that couples speak freely, nothing is submitted to the court until there is a final written agreement.

Couples may decide to undergo mediation before filing a joint petition for divorce or at any time before their court date.

Collaborative Divorce

In a collaborative divorce, both parties agree to resolve all issues in a respectful, open and honest manner, and to focus on constructive problem-solving outside of the court system. Both spouses have their own attorneys, who are trained in the collaborative process. The attorneys make sure their clients are aware of their legal rights and obligations relating to property, alimony, and children, and they seek a satisfactory resolution for everyone concerned.

Spouses and their attorneys sign a contract called a Participation Agreement, stating their commitment to resolving issues according to collaborative principals and guidelines. Settlement is reached through a series of meetings where the couple is guided through the process by their attorneys in a structured, non-adversarial way. Once everyone agrees, documents are prepared and presented to the judge for approval and entry of judgment. Collaborative attorneys may not continue to represent their clients if the process breaks down and goes to litigation.

Annulment and Void Marriages

Annulment means the marriage was never regarded as legally valid in the first place.  Under Illinois law, an annulment is a “declaration of invalidity of marriage,” an order that revokes recognition by the state.  Once an annulment is granted, it is as if the marriage never really existed. Annulments are hard to get, as they have strict requirements and time limits and must have specific grounds such as mental disability, being forced into marriage, bigamy or incest, or hiding one’s inability to have sexual intercourse.

Contact Our Divorce Lawyer in Woodridge for Help

Illinois divorce law is complicated and changing, and the facts and circumstances of each case are different, so it makes sense to seek legal counsel to represent your interests. The skilled Woodridge divorce lawyers at Wolfe & Stec can advise and guide you through every step in the process.

For your initial consultation with an experienced and compassionate divorce lawyer, contact us online or call 630-305-0222. We handle cases throughout Illinois.

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