Bensenville, IL Divorce Attorneys

Lawyers Providing Representation Throughout the Divorce Process in Bensenville, Illinois

The breakdown of a long-term relationship can be a difficult situation. When you have encountered conflict or disagreements in your marriage that cannot be resolved, your daily life may be filled with tension and arguments. Even if you had been committed to your marriage and hoped to avoid making major changes that could affect your children, your family's living situation, and your finances, you may find that divorce is the best solution.

The choice to end your marriage is not an easy one, but when you have decided to separate from your spouse, you will need to make sure to follow the correct steps so that your rights and interests will be protected. As you deal with questions about what will happen during your divorce, how your life may change, how your children may be affected, and how you will support yourself and maintain a stable household after separating from your spouse, the attorneys at Mevorah & Giglio Law Offices can provide you with answers. We will help you make sure the legal issues involved in your case will be handled correctly, and we will work with you to resolve disputes and find solutions that will help you move forward into the next chapter of your life.

Client-Centered Divorce Representation

Steve Mevorah did a great job with finalizing my divorce case.

He and is staff were very prompt, great with communication and always available to answer questions. His tremendous experience shows.

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An Overview of the Illinois Divorce Process

Understanding what will happen during you divorce can help you ensure that you will be able to approach your case with confidence.

Grounds for Divorce

Illinois is a no-fault divorce state. Irreconcilable differences are the only recognized grounds for getting a divorce. That means that neither party will be required to prove that the other spouse was responsible for the breakdown of their relationship and the end of their marriage. This is meant to help a couple minimize conflict about the causes of a divorce. Instead, they can focus on the practical aspects of dissolving their marriage and separating their lives from each other.

Filing a Divorce Petition

While a couple may have taken steps to begin separating, the divorce process will not officially begins until one spouse files a Petition for Dissolution of Marriage with the circuit court in the county where one spouse lives. For most people who live in Bensenville, cases will be filed in the DuPage County circuit court. After a divorce petition is filed, it will then be formally served to the other spouse, who is known as the respondent.

The Respondent's Answer to the Divorce Petition

After being served, the respondent will be able to file a formal response to the divorce petition. In some cases, a person may simply file a court appearance showing that they received the petition. In others, a spouse may file a response or a counter-petition addressing the specific issues raised in the initial petition or raising issues of their own.

Temporary Orders

In a divorce petition or response, a spouse may ask for certain decisions to be made on a temporary basis while the case is ongoing. Additional petitions for temporary relief may also be filed during a case. Hearings may be held to address these issues, and a judge may issue temporary orders about issues such as the custody of a couple's children, the possession of different types of property, or financial support that one party will be required to pay to the other. These orders may remain in place until the divorce process is complete.

Financial Disclosure and Discovery

The spouses will be required to make full and honest financial disclosures to each other. They may exchange documentation related to issues such as income, assets, debts, business interests, and other financial matters. Each party's attorney may also use discovery methods to obtain any additional information that is needed. By gathering all relevant information, the parties will be able to make decisions about how different divorce-related issues will be handled.

Resolution: Settlement or Trial

Most divorce cases can be resolved through negotiations. A couple may work together to create a settlement that will fully address all issues in their case. They may negotiate through their attorneys, or they may use mediation to decide on the terms of their settlement. Once they have reached agreements on all outstanding issues in their case, they will submit their settlement in court, and if it is approved by the judge, their divorce will be finalized.

If spouses cannot reach agreements on any of the outstanding issues in their case, they may need to use litigation to resolve these issues. A trial may be held in which they may present evidence and call witnesses, and the judge will make the final decisions about how matters will be resolved. Once the trial is complete, the judge will issue a divorce judgment, and their decisions will be legally binding.

Issues Addressed in a Divorce Settlement

The settlement negotiated by a couple will address all aspects of their separation, including how financial matters will be handled and how decisions related to their children will be made.

Division of Marital Property and Debt

A couple may own many different types of financial assets, and they will need to determine how their property will be divided. All marital property that was purchased or acquired through other means while a couple was legally married will need to be considered. While separate property owned by either spouse individually may not be divided, it may also be considered during the property division process, since it could influence the financial resources available to each party.

Our lawyers can advise clients on the best ways to address the different assets involved in their case. The marital home may require careful consideration, since one spouse may wish to continue living in the home, or a couple may agree that selling the home is the best option. keep it while the other receives offsetting assets, or the couple may agree to sell it and divide the proceeds. Retirement accounts and other related benefits may also need to be considered, and steps may need to be taken to divide these assets without triggering tax penalties. Other assets that may be addressed include bank accounts, vehicles, business interests, and personal property, as well as marital debts.

Allocation of Parental Responsibilities and Parenting Time

When a couple has children, their divorce settlement or judgment must include a parenting plan that will detail how child custody will be handled in the future. The parenting plan will detail how decision-making authority will be allocated or shared between parents. It will also include a detailed schedule for parenting time, ensuring that all parties understand when children will spend time with each parent. Our attorneys can help clients negotiate parenting plans and take steps to protect their parental rights while focusing on finding solutions that will protect their children's best interests.

Child Support

Parents will also need to address issues related to child support. The support paid by a parent is for the benefit of children, and it is meant to ensure that both parents will contribute toward their children's expenses according to the amount of income they earn and the amount of time they spend with their children.

Child support will address children's basic living expenses, and parents may also need to determine how other expenses will be divided, including the costs of health insurance and other medical expenses, children's extracurricular activities, and child care while parents are working. Our lawyers can help clients make sure child support arrangements will provide for their children's needs while protecting their own financial interests.

Spousal Maintenance

Ongoing payments known as maintenance, spousal support, or alimony may be a factor in a divorce if there is a major difference between the incomes earned by spouses. A person may request spousal support if they earn less than their former spouse or if they will not be able to earn enough income to meet their ongoing needs. Our attorneys can help clients determine whether they may be eligible to receive support or whether they may be required to pay support.

Contact Our Bensenville Divorce Lawyers

At Mevorah & Giglio Law Offices, we are proud to serve people in Bensenville and the surrounding communities, helping them determine the best ways to get through the divorce process successfully. Our lawyers can provide guidance on the best options available for resolving disputes and addressing other legal issues involved in a divorce, and we will work to ensure that our clients can protect their rights and interests in these cases. Reach out to our Bensenville, IL divorce attorneys at 630-932-9100 to set up a free consultation.