Aurora Divorce Attorneys Work for You
Our Aurora Divorce Lawyers Make the Process Easier
Going through a divorce is one of life’s most stressful experiences. In addition to the emotional turmoil involved, you need to make life-changing decisions about asset and debt division, child custody and visitation, and spousal maintenance and child support that affect your life and your future. Even if you and your spouse initially agree on major issues, problems often pop up unexpectedly, create conflict, and must be resolved.
Illinois laws regarding divorce are complicated, and making mistakes can be costly, so it helps to have an experienced divorce lawyer behind you to deal with all legal issues and provide guidance throughout the divorce process. The Aurora divorce lawyers at Wolfe & Stec, Ltd. are here to provide reliable information and the advice and support you need. Whether you and your spouse agree or whether there are complex and contentious issues involved, our compassionate divorce lawyers will be there for you to provide guidance and sensitively address all your concerns throughout the entire process.
Call Wolfe & Stec today at (630) 305-0222 for a free, confidential consultation to discuss your issues, even if you are just considering a divorce. You can rely on our Aurora divorce lawyers to work diligently and fight to achieve the most satisfactory outcome for you and your children.
Our Divorce Lawyers in Aurora, IL, Work for You
The seasoned Illinois divorce attorneys at Wolfe & Stec, Ltd. know how difficult it is to go through the divorce process and are ready to deal with all issues that arise. We know the courts, judges, the system, and how to negotiate a fair agreement that is in the best interests of our clients and their families.
What Our Aurora Divorce Lawyers Do for You
Our Aurora Divorce Lawyers Advocate for Your Interests in Every Area
Illinois divorce laws can be complicated, but our Aurora divorce attorneys can simplify the process by ensuring that you understand all the issues involved in divorce and handling them as they apply to you. We will advocate for you in every divorce area, including:
Residency Requirements
Illinois has a residency requirement that at least one of the divorcing spouses must be a resident of Illinois for 90 consecutive days before filing divorce paperwork.
The Initial Filing Process
If the residency requirement is met, you or your spouse must then file a petition for dissolution of marriage with the Circuit Court in the county in which you or your spouse live to start the divorce process. The other spouse will be served with the petition and will have 30 days to respond. We will handle all filings and court appearances.
Grounds for Divorce
Within Illinois, you can file for divorce on “fault” or “no-fault” grounds. No-fault divorces are the most common and generally are easier to resolve. They are granted based on irreconcilable differences without holding anyone to blame. Fault divorces may get granted for reasons that include mental cruelty, physical cruelty, adultery, excessive alcohol or drug use, and other grounds. In most cases, we will try to get a no-fault divorce but are fully prepared to handle fault situations if necessary.
How Assets, Debts, and Property Are Divided
Illinois courts divide marital property based on “equitable distribution,” but this doesn’t always mean an even split. The judge will look at all relevant factors in the divorce case, such as how long the marriage lasted, whether there were prenuptial agreements in place, the age of the spouses, each spouse’s earning potential, and more. For example, courts may award a larger portion of marital assets, including stocks and bank accounts, to the lower-earning spouse. Our Aurora divorce attorneys will help you retain as much property as legally allowed.
What to Do About Retirement Plans and Taxes
Again, the courts will examine factors relevant to your situation and tax effects. Our legal team may work with accountants and forensic accountants to find the financial solution that benefits you.
Child Custody, Child Support, and Visitation
The Illinois Marriage and Dissolution of Marriage Act aims to not diminish the parent who has less parenting time and to allow that parent to still be equal in making decisions. The overall goal is to ensure that the children benefit from time spent with both responsible parents.
Judges in Illinois consider the interest of children when making custody, visitation, and support rulings. They may look at factors that include:
- parents’ wishes
- children’s wishes
- how children interact with each parent
- whether domestic violence has been an issue
- mental and physical health of family members.
- The distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement
- Any adjustments a child must make in communities, schools, and their homes.
The family law and child custody attorneys at Wolfe & Stec possess years of valuable experience in helping families resolve child custody issues and move on with their lives, and always seek arrangements that are in the best interest of your children.
Spousal Support
Spousal support may get awarded to grant a measure of independence to a financially dependent spouse. For example, a spouse may have given up their career to be a homemaker to support the other spouse having a higher career level. There is a formula for determining the amount and length of spousal support awards, and the court must consider all relevant factors.
At Wolfe & Stec, Ltd., we provide guidance throughout every stage of your divorce, handle all paperwork and court appearances, and fight for your interests should disputes arise.
The sooner we get started working for you, the better, so call our Aurora divorce lawyers today at (630) 305-0222.
Our Divorce Attorneys in Aurora, IL, Answer Frequently Asked Questions
You are bound to have questions and concerns when going through a divorce. While these are best addressed at your free consultation, to get you started we provide some answers to questions our clients frequently ask.
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What happens to debts in divorce?
Illinois is an equitable distribution state, so rather than splitting debt 50/50 in a divorce, marital debt will be split fairly between the couple, the same way as assets and property. According to the law, (750 ILCS 5/503) “marital property” means all property, including debts and other obligations, acquired by either spouse after the marriage. However, debts that are considered to be “non-marital,” such as a mortgage on property acquired by one spouse before marriage, will be assigned to the spouse whose name is associated with that debt. -
What are grandparents’ rights in a divorce?
In Illinois, depending on family dynamics, grandparents do have a limited legal right to visit their grandchildren, especially if the parents are divorced. The Grandparent Visitation Act allows grandparents to visit with grandchildren without the presence of the custodial parent if it is in the children’s best interests and there is a court-approved visitation plan. To achieve visitation rights, grandparents must demonstrate that their access to their grandchild is being unreasonably denied and that they already have a positive relationship with the grandchild which would be harmed if visitation were not to occur.
Grandparents must meet the following requirements:
- Show that they have been unreasonably denied parenting time by a parent of the child.
- Show that one of the following statements is true:
- A parent is incompetent
- A parent has been dead or missing for at least three months
- A parent has been incarcerated for at least three months
- The child’s parents are divorced or legally separated, or there is a pending dissolution or custody proceeding, and at least one parent has no objection
- The child is born out of wedlock, and the parents are not living together.
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How long does it take to finalize a divorce?
Finalizing a divorce in Illinois can take anywhere between 2 months and a year, depending on the circumstances. There is no mandatory waiting period for an uncontested divorce so long as you meet the residency requirements of at least 90 days, which means these can be finalized quickly. If the divorce is contested, there is usually a waiting period of six months and if there are any major issues, the divorce process can drag on for years. -
Will I have to go to court to get a divorce?
You or your spouse, or both, may have to go to court to present your divorce agreement in front of a judge. The judge may have questions or need additional information depending on the issues involved. The amount of time and number of court appearances depends on the specific issues, and whether the divorce terms have been agreed upon in advance. Our Aurora divorce attorneys will ensure that you are fully prepared for any required court appearances. -
Do I need to have an attorney for divorce?
It is not required to be represented by an attorney in divorce, but it is desirable since the divorce settlement issues that will be addressed in your case will have a long-term effect on your life and that of your children. Unforeseen problems inevitably arise, and it’s best to have an advocate familiar with the state laws and court procedures governing divorce to help resolve them. Having an experienced family law attorney to work with you throughout the divorce can be much less costly than making mistakes that you will have to deal with for years.
Our divorce attorneys in Aurora, IL, will always be available to answer any questions and concerns that arise during the process.
Contact an Experienced Divorce Lawyer
Call Our Aurora Divorce Attorneys for Help
The divorce attorneys at Wolfe & Stec understand how difficult it is to go through a divorce. Our caring legal team wants to make the process as painless as possible by providing personalized attention and guidance and dealing with all problems and legal issues that arise. We understand that most people don’t take the decision to end a marriage lightly. Many worry whether they are doing the right thing or if they will have enough money to maintain their lifestyle after the divorce. These worries are especially prominent when children are involved.
When you contact a compassionate Aurora divorce lawyer from Wolfe & Stec, you will never be pressured into making a decision that you might not be ready to make. We will listen carefully to you and answer your divorce questions based on your situation. When you are ready to go ahead, we will be there to provide guidance, handle all paperwork and legal issues, negotiate on your behalf, and fight for your interests in court if necessary.
Don’t delay. Call us today for a free, no-obligation consultation to discuss your divorce issues.
