Best Family Law Firm in Naperville
Naperville Divorce Lawyers
Making the decision to end your marriage is never something to be taken lightly. After having committed the rest of your life to your partner, separating your intertwined lives is a process no one should have to go through alone. You may require the legal guidance and support of our skilled Naperville divorce lawyers at Abear Law Offices if you and your soon-to-be ex-spouse are struggling to work through the terms of your divorce settlement collaboratively.
You may also need a legal advocate throughout your divorce process if you suspect your ex will attempt to take advantage of you as you divide your marital estate. Fortunately, with our family law attorneys standing by your side, you can walk into tomorrow with your chin held high, ready to start your life anew. Contact our law office to request a confidential consultation today. When you do, we can discuss the elements that apply to your divorce, what to expect if your spouse challenges the divorce proceedings, and how long it might be before your divorce is officially finalized.
Getting Divorced in Naperville, IL
Abear Law Offices is a full-service family law firm serving clients throughout the Chicagoland area. We handle a multitude of issues that impact families such as divorce, child support, and child custody and visitation.
Are you ready to hire a divorce lawyer near Naperville? Naperville, IL is home to about 150,000 people in DuPage County, Illinois, and is a wonderful place to live and raise a family. We serve clients in Naperville and throughout DuPage County, Kane County, and Chicagoland. Our divorce lawyers will work to ensure you and your loved ones’ rights and interests are protected. Whether it is fighting to avoid being saddled with your ex-partner’s debt following a divorce, obtaining assets that you have a share in, or taking you through the administration process following the death of a parent or benefactor, you can rely on us for guidance and representation.
We are highly experienced in preservation, discovery, and asset valuation. We can guide you through the divorce process every step of the way so you can feel confident moving into a brighter tomorrow. Abear Law Offices helps people and families with divorce and other pertinent family law legal problems. Get in touch with us now to book a confidential consultation and speak to a high-powered divorce attorney in Naperville.
Why Choose Abear Law Offices?
With so many potential divorce attorneys in Naperville to choose from, you may be wondering why Abear Law Offices is the right option for your impending divorce proceedings.
Client-First Approach
We know how sensitive family law issues can be. We take a client-first approach that ensures we listen to our clients before taking any action. Our strategies are designed with the goals and needs of our clients in mind. We communicate with our clients at every stage of the process to ensure they are well-informed. We won’t take any action without your knowledge and approval.
Dedication to Family Law Practice
We are a full-service family law firm that is fully dedicated to the practice of family law. Whether you’re fighting for custody of your children or filing for a divorce, you can rely on our team for guidance and representation. Family law is our specialty.
A Personalized and Comprehensive Approach
We believe every client is unique. We also believe every case is unique. We are sensitive to the goals and needs of our clients. We apply a personalized approach to each case that we take on. We’ll provide you with counsel and strategies that are aimed at achieving the best outcome for your unique situation.
Grounds for Divorce
Divorcing your spouse is one of life’s more difficult challenges. Not only are there complex legal issues to resolve, but there are also complex emotional issues involved. Having an attorney who is skilled in navigating the world of family law is essential to getting through the process as easily as possible. At Abear Law Offices, our Naperville divorce lawyers work diligently to ensure that your divorce will be handled with skill, compassion, and efficiency.
These are The Biggest Points of Contention in Divorce Proceedings
Naperville Divorce FAQ
How do I choose the right divorce lawyer for my case?
Choosing the right divorce attorney to take on your case should be a top priority. You want a lawyer who will manage your expectations, understand what you are hoping to retain in the divorce settlement, and has familiarity and experience with the local family court system.
What should I bring to my initial consultation with a divorce lawyer?
Some of the various documents and items you should bring with you to your initial consultation with our divorce attorneys in Naperville include:
- Tax filings from prior years
- Copies of your pay stubs
- Copies of your spouse’s paystubs
- A copy of your marriage certificate
- Copies of your investment portfolios
- Bank statements
- IRA statements
- A copy of your birth certificate
- Property documents, including the deed to your home
- Copies of credit card statements
- A list of your expenses
- A list of questions you would like to ask your divorce lawyer
What are the possible outcomes of a divorce filing?
There are several potential outcomes when you file for divorce:
- Your spouse could agree to the divorce and work with you to resolve divorce settlement terms
- Your spouse could agree to the divorce and you may need to negotiate when you do not agree on certain provisions of your divorce settlement
- Your spouse could refuse to engage in negotiations or respond to divorce papers, triggering a contested divorce which will require a trial
If your case goes to trial, the judge will act in the best interests of the family. They will award a reasonable amount of child support where appropriate, implement spousal maintenance orders where necessary, and determine which spouse will retain possession of which assets, property, and debts.
What happens if my spouse violates a court order?
If your spouse violates your divorce decree order, they may be subject to legal action. It is not uncommon for the DuPage family courts to issue an indirect civil contempt violation according to the Illinois General Assembly. If your ex is found in contempt of court, they could be fined or imprisoned if they refused to remain in compliance.
How can I modify a divorce decree after it is finalized?
It is possible to modify your divorce decree but only if you can get a petition for modification approved. Divorce judgments are considered legally binding and final in Illinois. If you have just cause to modify your divorce decree, you need to petition the court. For example, if you lost your job and can no longer continue to afford alimony payments, instead of stopping spousal maintenance payments without permission, you will need to file a petition with the DuPage County family courts.
Can I move out of state with my children after a divorce?
You may or may not have the right to move out of state with your children after a divorce. It will depend mostly on what your child custody situation is. If you do not have a formal custody arrangement with the other parent, you may be able to move out of state with or without the other parent’s permission under 750 ILCS 5/609.2. However, if you have a shared child custody arrangement, you will likely need the permission of your child’s parent before you can move out of state. Otherwise, you could be found in contempt of court.
When devising your divorce settlement, you will need to discuss stipulations like these. Your divorce terms should discuss both parent’s responsibilities if one parent wants to move out of state with the children. If you are required to get permission from your ex-spouse to move out of state, and they refuse to give it, the court may deny your relocation request.
How do retirement accounts and pensions get divided in a divorce?
It may surprise you to learn that pensions and retirement savings accounts must be distributed equitably during your divorce per 750 ILCS 5/503. This does not mean they need to be divided 50/50, but each spouse is entitled to their fair share of the marital assets.
Even if only one spouse contributed to the account, if the funds were intended for both spouses, they would be distributed fairly between each party. However, any funds that were placed into the account prior to the marriage could be considered separate property and would therefore be excluded from the equitable distribution process. Some of the factors that may be taken into account when dividing pensions and retirement accounts include:
- Each spouse’s contributions to the accounts
- Each spouse’s income and assets
- How long you were married
If you and your spouse cannot work together to determine how your retirement accounts and pension will be divided, the judge will enter a Qualified Domestic Relations Order (QDRO) under Illinois Pension Code, 40 ILCS 5/1-119. Here, a portion of each account will be placed into a separate account for the benefit of the other spouse. When a QDRO is implemented, there will not be a 10% penalty for early withdrawal. However, as part of the lump sum settlement, the spouse receiving the disbursement will be subject to capital gains taxes.
What are the tax implications of divorce?
The tax implications of a divorce can be costly, particularly in high-net-worth divorces. If any assets or property are sold during your divorce proceedings, you should expect to pay taxable gains on the proceeds as described by the Internal Revenue Service (IRS). Generally, the first $250,000 in profits will be tax-exempt. You may be able to avoid these tax implications by dividing property between spouses instead of selling it off.
What should I know about prenuptial and postnuptial agreements?
Prenuptial agreements must be written in accordance with 750 ILCS 10/ Illinois Uniform Premarital Agreement Act. Generally, these are written before you get married and describe your divorce settlement terms in detail. They are meant to reduce the likelihood of contention should your marriage ultimately end. Postnuptial agreements work the same way except they are signed after you are already married.
How do I handle domestic violence issues in a divorce?
The best way to handle domestic violence issues is to consult your divorce attorney. If you have been victimized by domestic abuse, you may have the right to request an order of protection alongside your dissolution of marriage petition per 750 ILCS 60/ Illinois Domestic Violence Act of 1986. However, this order will only be temporary until your divorce is finalized.
If you have concerns that your spouse will make domestic violence allegations against you, it is important to make a note of this with your attorney. We may recommend consulting law enforcement officials to file a report which could protect you from unjust allegations. If your spouse requests an order of protection, we will be prepared to challenge this order during a hearing before the judge where we can present evidence to support your case and hopefully safeguard your rights to your home and child custody or visitation.
What should I do to prepare for a divorce?
Whether you are filing for divorce or recently were served with divorce papers, there are certain steps you can take to protect yourself and ensure you have access to your fair share of the marital estate. You may want to consider:
- Gathering copies of your financial records
- Completing a financial disclosure affidavit
- Reviewing your divorce petition, prenuptial agreement, postnuptial agreement, or any other legal documents related to your marriage
- Reviewing child support and alimony guidelines under Illinois Statutes Chapter 750. Families § 5/505
- Requesting a copy of your most recent credit report
Prepare to work with your soon-to-be-ex to negotiate your divorce settlement terms. You can do this in person, through email, by telephone, or text, or through your individual divorce lawyers in Naperville, IL. If you cannot come to an arrangement on your own, it may be wise to move forward with mediation. Here, a mediator will help you concede in some areas and assert your rights in others so both parties can come away with a mutually acceptable plan.
Contact A Premier Divorce Lawyer in Naperville for Legal Guidance Today
When you are worried about how your divorce might unfold, whether that be due to intense emotions, domestic violence, or fears surrounding being taken advantage of, working with our top-rated Naperville divorce attorneys with Abear Law Offices could be the best way to assert your rights that you are entitled to your fair share of the marital estate.
Let us put our decades of experience to work for you and your spouse to negotiate the terms of your divorce settlement so you can finalize your divorce decree and move forward with your life. Fill out our online contact form or call us to get started on your divorce petition as soon as today.
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