We Are The Top Rated  Divorce Attorneys in Wheaton, IL

Serving Clients in DuPage County and Kane County and all Surrounding Areas

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 our Wheaton, IL divorce attorneys who are skilled in navigating the world of family law is essential to getting through the process as easily as possible. At Abear Law Offices, you can rest easier knowing your divorce will be handled with skill, compassion, and efficiency.

A divorce puts a strain on almost every aspect of your life from your family to your career. The proceedings can take months of your time and cause great stress and anxiety. Our family lawyers are committed to making divorce proceedings as smooth as possible for our clients. We strive to relieve our clients’ anxiety about the process and minimize the amount of disruption a divorce causes to our clients’ lives. When you are ready to become your strongest advocate throughout your divorce proceedings, turn to our legal team to request a confidential consultation. 

The Illinois Divorce Process 

No one ever said ending your marriage was going to be easy. There may be complex legal issues that need to be resolved before you can finalize your divorce. To start, you will either be served with divorce papers if your spouse filed your divorce petition or you will need to initiate the dissolution of your marriage by filing a petition with the DuPage County Clerk of the Circuit Court. Expect to pay a $348 filing fee. If you cannot afford this fee, you may be able to request financial support from the clerk of the Circuit Court’s office.

Three primary types of divorce options may be available depending on how your spouse responds to the news that you want to end your marriage. You could:

• Get a joint simplified divorce – With a joint simplified divorce under 750 ILCS 5/451, you and your spouse agree to all settlement terms and can finalize your divorce with the DuPage County family courts in as little as one week. You must meet the residency requirements to file under 750 ILCS 5/ Illinois Marriage and Dissolution of Marriage Act, if you do not have children, you must live in Illinois for a minimum of 90 days before you can file for divorce. If you share children, your residency requirements extend to 180 days in the state.
• File for an uncontested divorce – Uncontested divorce may be one of the most cost-effective solutions. You and your spouse will work together with the same Wheaton divorce attorney to agree on all issues of your divorce settlement. Once you have come to a resolution, your divorce terms will go to the judge to be signed and become legally binding.
• Pursue a contested divorce – If you disagree regarding one or more issues involved in your divorce settlement, you should continue to negotiate. However, with a contested divorce, you may need to wait six months to prove that your marriage has irretrievably broken down.

Settle These Critical Divorce Terms to Finalize Your Divorce Petition

At Abear Law Offices, we represent clients in Wheaton, IL, and throughout DuPage County in divorce and family law legal matters. Here are some of the most common points of contention couples need to cope with before their divorces can be finalized:

Alimony 

In Illinois, alimony is also commonly referred to as spousal maintenance or spousal support. Here, the lesser-earning spouse may be entitled to financial support from the higher-earning spouse. However, it is not a guarantee in all divorce proceedings. According to 750 ILCS 5/504, the amount of alimony that will be paid, and for how long, will be dependent on a variety of factors, such as:

• Each spouse’s contributions to the marriage
• How long the couple was married
• Both spouse’s income and expenses
• Whether the couple shares children
• Both spouse’s physical and mental capabilities

Property Division 

In a divorce, all assets that are considered marital property are subject to equitable distribution under 750 ILCS 5/503. For example, if you start a business during your marriage or if your business increases in value in part due to the efforts of your spouse during your marriage (i.e. providing child care so that you can run the business), some or all of the value of the business may be divided in a divorce. 

Other examples of marital property that will need to be divided include:

• Shared bank accounts
• Your marital home
• IRAs and pensions
• Furniture and furnishings
• Stocks and bonds
• Business assets
• Investment portfolios
• Real estate
• Motor vehicles

Child Support

Child support is a completely separate matter from child custody. No matter what your child custody plans may be, both parents should expect to contribute to their child’s upbringing financially under Illinois Statutes Chapter 750. Families § 5/505. Typically, non-custodial parents will pay child support to custodial parents. 

We can use the Illinois Department of Healthcare and Family Services Child Support Chart to get a better idea of how much child support might be paid in your case. Generally, child support should be paid until the child turns 18 years old or graduates from high school. However, parents may also be financially obligated to cover a portion of higher education expenses.

Child Custody and Visitation Rights

In situations where two parents are not together, arrangements for child custody and/or visitation must be made. While some parents can work out these arrangements on their own amicably, these issues are often hotly contested in many cases. At Abear Law Offices, we aggressively protect the rights of our clients and the interests of the children involved. The well-being of the children is always our top priority.

Other Points of Contention in Your Divorce Proceedings

As you attempt to resolve your divorce settlement, there are several areas that could prolong the process.

Domestic Violence

If you are a victim of domestic violence, when you file for a petition for the dissolution of your marriage, it may also be in your best interests to request an order of protection from the court under 750 ILCS 60/ Illinois Domestic Violence Act of 1986. This can require your spouse to leave your family home, prohibit communication with you, and prevent them from being able to access your shared children, if necessary. If the court system finds your abuse concerns valid, they can issue an order of protection temporarily until it becomes merged with your final divorce decree.

Lack of Compliance

If your spouse is refusing to comply with the terms of your divorce settlement, you may need to move forward with a complaint in family court. If your spouse is non-compliant, they may be found in contempt of court. The court may order them to pay outstanding attorneys fees, and child support, or uphold their other responsibilities as outlined in your divorce judgment. If they continue to refuse to do so, according to the Illinois General Assembly, they can be fined or even incarcerated until they are in compliance with the court order.

Wheaton, IL Divorce FAQ

What if my spouse does not want a divorce?

If your spouse does not want a divorce, they may attempt to delay the court proceedings. However, they cannot prevent you from ending your marriage. Illinois is a no-fault state. As long as you can prove your marriage has irretrievably broken down, you have the right to the dissolution of your marriage. You may need to move forward with a contested divorce if your spouse continues to refuse to negotiate the terms of your divorce settlement and the distribution of your marital estate.

How can I protect my assets during a divorce?

Protecting your assets during divorce should be a top priority. Here are some of the most common ways to safeguard your finances:

• Write a prenuptial or postnuptial agreement
• Separate bank accounts
• Keep a separate business account if you are a business owner
• Keep a list of property, assets, and debts
• Keep any non-marital assets separate from commingling
• Close all joint credit cards and bank accounts
• Place your separate assets into a trust
• Obtain a temporary court order that prevents one spouse from wasting or misusing marital assets under 750 ILCS 5/501.

What should I do if my spouse is hiding assets?

If you suspect your spouse is hiding assets, getting the experts involved may be in your best interests. Our divorce attorneys in Wheaton, IL at Abear Law Offices are prepared to hire forensic accountants who can review your marital finances and dig deep into your spouse’s income, assets, and other financials. If we determine your spouse was attempting to hide assets, this could be used against them if they were attempting to seek alimony or deprive your children of the child support benefits they are entitled to.

What are my options if we cannot agree on divorce terms?

You will be pleased to know your spouse cannot prevent you from getting divorced. If they refuse to negotiate your divorce terms, you may need to consider alternative options. Your divorce attorney may suggest filing for a contested divorce. When this happens, the case will go to trial where both parties will have the opportunity to plead their case before the judge. Ultimately, the judge will have the authority to award alimony, how marital debts and assets are distributed, and what your child custody and support orders will contain.

Can I change my name during the divorce process?

When you are going through the divorce process, you have the option of reverting back to your maiden name or another last name of your choosing. If you have included this name change in your divorce decree, it does not need to be published publicly in the local newspaper. You can begin using your new last name again as soon as your divorce decree is finalized.

How will divorce affect my debts and liabilities?

According to the Illinois Marriage and Dissolution of Marriage Act, under 750 ILCS 5/503, marital property, assets, and debts will be divided equitably. Equitable distribution does not mean that spouses will divide the marital estate equally, but fairly. If you have debts and liabilities that were brought into the marriage, they may remain separate property. However, if you have debts and liabilities that were secured for the benefit of the marriage, then they may be divided fairly between both spouses.

What is mediation and how can it help in a divorce?

Mediation is a great way to figure out how to divide your marital assets, work through contentious child custody disputes, and determine whether spousal support should be awarded, and if so, how much. In the presence of a mediator, both parties can assert their wishes and the mediator will attempt to offer strategic solutions that allow for some give and take on both sides. This is unlike arbitration or having your case brought to court where the arbitrator or judge will be responsible for determining how to finalize the divorce terms.

Do I need a lawyer if we agree on all the terms of the divorce?

It is always in your best interests to have an experienced divorce attorney handling the dissolution of your marriage. Even if you and your spouse agree, working with a single divorce law firm to handle both spouse’s interests may be well advised, particularly in an uncontested divorce. It may also be well advised to have your legal advocate review your divorce agreement to ensure both party’s rights are protected.

What are the costs associated with hiring a divorce lawyer?

The amount you can expect to spend when hiring a divorce lawyer in Wheaton, Illinois will vary widely depending on the specific details of your case. On the lower end, you might spend as few as a couple of thousand dollars. However, the more expensive divorces could cost tens of thousands of dollars, especially if your spouse contests the divorce or you are unable to work through your divorce settlement terms amicably.

Get Help From a Wheaton, IL Divorce Lawyer Today 

Some of the most difficult issues in a divorce have to do with families and children. When children are involved, issues of child support, child custody, and visitation must be decided. These decisions are often the most contentious. For Wheaton, IL divorce attorney Anthony Abear, children are always the primary concern when they are involved. He works with his clients to secure the most favorable and stable arrangement for the children.

If you are planning on filing for divorce or your spouse has already filed for divorce in Naperville, Wheaton, Downers Grove, or any other area in DuPage County, contact us at Abear Law Offices. We will advocate aggressively and reasonably for your interests and the interests of your family. Complete our secured contact form or call us to schedule your confidential consultation as soon as today.