Divorce, under any circumstance is stressful, but working with a Hinsdale divorce attorney at Wolfe & Stec can make the process easier. Our attorneys understand that going through a divorce is anxiety ridden; it involves significant changes that will affect you and your family for years to come. It is common to be concerned about how you will manage. Our attorneys recognize that going through a divorce goes way beyond dividing up assets. As a result, in addition to handling your legal needs, our compassionate divorce lawyers will support you, advise you and sensitively address each and every question throughout the entire process.
If you have decided divorce is your best option, or are simply considering it, contact Wolfe & Stec today at (630) 305-0222 for a free, confidential consultation. You can rely on our Hinsdale divorce lawyers to work diligently on your behalf and fight to achieve the most satisfactory outcome for you and your children.
Working with an experienced divorce attorney is incredibly important. Understand that Illinois divorce laws are complex, and errors can be costly. With a Hinsdale divorce lawyer on your side you can rest assured that your interests are being protected and the process is completed properly. While you and your spouse may be in agreement now, this may not always be the case. A once cooperative and understanding spouse can become adversarial and even refuse to sign the divorce agreement. Our Hinsdale divorce attorneys are well-versed in dealing with anything that may arise and will make sure you are informed of possible issues, including:
Where you live is important. Illinois has a residency requirement that states that at least one of the divorcing spouses must be a resident of Illinois for 90 consecutive days prior to filing divorce paperwork.
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.
In Illinois, divorce can be filed on “fault” or “no-fault” grounds. No-fault divorces are most common and generally are easier to resolve. They are granted based on irreconcilable differences, without holding anyone to blame. On the other hand, fault divorces may be granted for reasons that include physical or mental cruelty, adultery, or excessive drug or alcohol use, just to name a few.
“Equitable Distribution” is the practice in which Illinois courts divide marital assets. However, this doesn’t always mean a 50/50 split. The judge will review all relevant factors regarding the length of the marriage, the status of prenuptial agreements, the age of you and your spouse, each person’s individual earning potential and more. In some cases, equitable distribution may result in awarding a larger portion of marital assets, including stocks and bank accounts, to the spouse who earns less money.
Again, the courts will examine factors relevant to your individual situation and tax effects.
In Illinois, as in every state, judges consider the best interests of children in determining custody rulings. They examine at factors including:
Not every family is comprised of two working parents. In the case where one spouse is financially dependent upon the other, spousal support may be awarded. This would provide a measure of independence to the financially dependent individual. Consider this. A spouse may have paused their career to take care of the home and children in support of the other spouse’s professional goals. A formula exists for determining the amount and length of spousal support awards, and the court must consider all relevant factors.
As your divorce attorney, we will provide guidance throughout every stage of your divorce, handle all paperwork and court appearances, and fight for your interests should disputes arise. By becoming involved at the onset of your divorce, we are able to bring you even greater value. Call our Hinsdale divorce lawyers today at (630) 305-0222 for a free and confidential consultation.
In many cases both you and your spouse want to move quickly, have the divorce finalized, and move forward with your lives. However, the divorce process in Illinois is dependent upon each individual marriage situation, and the timelines vary. If your marriage has been short, you have no children, and little in property and assets, your divorce process may move quickly. However, if your circumstances are more complex or contentious, the divorce proceedings can drag on for years. Whether your divorce is uncontested or contested is the primary factor in determining how long it will take.
Divorce proceedings can be completed more efficiently when both spouses agree on the terms. In some cases, the process can come to a close in about two months. For this to occur, the following must be agreed upon:
Disagreement on even one factor leads to classifying the divorce as contested and the process takes longer to complete.
Sometimes you and your spouse simply cannot agree upon everything. When this happens, the divorce is considered contested and both of your attorneys will attempt to negotiate the issues with which you are at odds. If negotiations fail, the divorcing spouses and their attorneys may end up going to trial. Sometimes the conflict regarding the terms and conditions of a divorce is considerable. In these situations it can take as long as two years or more for the courts to finalize the divorce.
Divorce is a major life decision. One which married couples often spend significant time debating. There are so many issues to consider. Perhaps they are worried about doing the right thing, particularly when there are children involved or when finances are an issue. Quite often people are concerned that they may not be left with enough money to maintain the lifestyle to which they have become accustomed.
The compassionate Hinsdale divorce lawyers at Wolf & Stec understand the magnitude of the decision to divorce. We will never pressure you into making a decision. We are well-known for listening carefully to our clients, gaining an understanding of each specific situation and providing responses to your questions. When you are ready to move forward, we will be there to offer advice, provide counsel, manage all paperwork and legal issues, negotiate on your behalf, and fight for your best interests in court if necessary.
Don’t delay. Call us today for a free, no-obligation consultation to discuss your divorce issues at (630) 305-0222.
During trial four experts all testified against our client the Judge found it was in the best interest of the child that our client be awarded custody. We have successfully represented clients in numerous child custody cases.
We recently analyzed a case whereby the opposing side was seeking a substantial award of maintenance against our client. After a thorough review of the facts and circumstances and several hearings, our client’s obligation to pay maintenance was limited to two years at half of what his former spouse was seeking.
After our client voluntarily changed employment we were able to obtain a substantial reduction in child support payments. We have also stopped such reductions when representing clients receiving child support.