Need Divorce Representation in Naperville?

Going through a divorce can be one of the most significant events in your life.

A divorce not only impacts your most important relationships but can also affect your financial situation, living arrangements, and parenting rights. Changes in these areas often require careful planning and clear legal guidance to help maintain stability during a challenging time.

Protecting Your Rights during Divorce

Some of the issues that need to be resolved in many divorces include:

• Child custody: The allocation of parental responsibilities covers how much time a parent spends with a child and the right to make important choices about the child's upbringing. Child custody often stands as one of the most complex issues in divorce cases.
• Child support: Child support payments help cover the child's needs. These payments usually come from the non-custodial parent, but unique arrangements may apply depending on the family's circumstances.
• Division of assets and debts: Illinois courts divide marital property equitably. Judges consider factors such as the duration of the marriage, existing agreements, parenting schedules, and each party’s earning potential in these decisions.
• Alimony: Often called spousal maintenance, alimony is financial support from one spouse to the other and helps with living expenses after divorce.

While addressing these issues, our divorce lawyer in Naperville will always act in the best interests of you and your children. We prioritize your family's well-being and work diligently to resolve your case efficiently and with care.

What are Grounds for Divorce in Illinois?

Many states allow married couples to divorce for various reasons. Previously, one spouse had to prove their partner's wrongdoing, such as adultery or abandonment. Since most divorces do not stem from serious misconduct, Illinois recognizes no-fault divorce, which requires only that certain legal conditions be met. 

The process works as follows:

• Residency requirement - To file for divorce in Illinois, one spouse must have lived in the state for at least 90 days.
• No separation period – Illinois no longer requires spouses to live apart before filing for divorce. However, if both parties do not agree to the divorce, a six-month separation can show the court that the marriage cannot be repaired.
• Irreconcilable differences - One party must state that irreconcilable differences caused the breakdown of the marriage and that reconciliation has not worked or is impossible.
• Court examination - Once the case is filed, the court carefully reviews property division, child custody, and any spousal maintenance.

Joint Simplified Dissolution of Marriage in Illinois

Divorcing couples in Illinois can use the joint simplified dissolution process if they meet specific requirements and have no children. Our attorneys can help you determine if this option fits your situation. 

Below are the main requirements for a joint simplified filing:

• Neither spouse expects or depends on the other for spousal support following divorce.
• Each spouse has lived in Illinois or been stationed here by the military for at least 90 days before filing.
• Irreconcilable differences caused the divorce, the couple has been separated for six months or more, and further attempts at reconciliation would hurt the family.
• No children were born of the marriage, and the wife is not pregnant when filing.
• The marriage lasted less than eight years.
• Both parties waive their right to maintenance.
• The total market value of marital property is less than $10,000. The couple’s combined gross annual income is less than $35,000, and neither spouse earns more than $20,000 annually.
• Both spouses have fully disclosed all assets and tax returns for the years during the marriage.
• The spouses have a written agreement dividing any assets worth more than $100 and have set up a plan to allocate debts and responsibilities between them.

The joint simplified option often leads to a faster process with fewer court appearances, which benefits couples with straightforward finances. In Naperville, procedural steps may differ depending on whether you file in DuPage or Will County. Gathering paperwork beforehand helps prevent delays at the local courthouse.

Mediation & Collaborative Divorce Options in Naperville

Many families in Naperville choose mediation or collaborative law when navigating the divorce process. Mediation gives both parties the chance to work through key issues such as child custody, property division, and support with the help of a neutral mediator. Collaborative law enables spouses to negotiate directly with guidance from their own divorce lawyers, focusing on practical solutions and minimizing conflict.

Post-Divorce Modifications & Local Support Resources

After finalizing a divorce, life changes can require modifications to child support, custody, or maintenance. Illinois law allows these adjustments if circumstances have shifted significantly—such as a change in income, relocation, or new child-related needs. Courts serving Naperville, including DuPage and Will counties, review each request for fairness and focus on the best interests of any children involved.