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Need Divorce Representation in Naperville?

Comprehensive & Compassionate Representation Naperville divorce attorney

Going through a divorce can be one of the most significant events in your life. Not only will divorce unquestionably affect a major relationship in your life, but it also has the potential to impact your financial situation, where you live, and even your ability to parent your children. These and other family law issues that are implicated by ending a marriage are serious, so we highly recommend that anyone going through a divorce should retain experienced legal counsel. A lawyer from Roscich & Martel Law Firm, LLC can help.

Learn more about common-law marriage in Illinois by reading our blog. Contact us online for any questions you have during your divorce matter. 

Protecting Your Rights during Divorce

Ending a marriage is a complicated process, particularly if a couple has children or accumulated significant assets while married.

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

  • Child custody: The allocation of parental responsibilities outlines a parent’s ability to spend time with his/her child and his/her right to make important decisions about the way in which the child is raised. In many divorces, child custody is the most contentious issue that must be resolved.
  • Child support: Child support payments are made from one parent to another parent to help with the costs associated with raising the child. In many cases, the non-custodial parent pays the custodial parent, but there are other arrangements that may also be implemented.
  • Division of assets and debts: Under Illinois law, the marital property owned by a divorcing couple will be divided equitably. Some of the factors that courts consider when determining how the marital property will be split include the duration of the marriage, any agreements that exist between the parties, parenting time arrangements, and opportunities for future income.
  • Alimony: Sometimes referred to as spousal maintenance, alimony involves a payment or ongoing payments made from one party to the other party in order to help with living expenses.

While working through these many issues that arise during a divorce, our lawyer in Naperville will always act in the best interest of you and your children. We understand how important your family’s well-being is and we will work diligently to help you resolve your situation amicably and efficiently.

Grounds for Divorce in Illinois

In many states, procedures are in place that allow married couples to divorce on different grounds. In the past, one side would have to prove that their partner committed adultery, abandonment, or other criminal act against the marriage contract. As many divorces are not caused by heinous acts, it became necessary to create a process of divorce which does not require such a burden of proof. In Illinois, there is a right for couples to have a no-fault divorce. But, there are certain requirements that need to be met in order to file for such a divorce. The process is as follows:

  • Residency requirement - When the time comes to file for a divorce in Illinois, one party must be able to prove they lived in Illinois for a period of at least 90 days.
  • No separation period – Illinois used to require a separation period before filing for divorce. However, this requirement was eliminated in 2016. It’s important to note though that if both spouses don’t agree to the divorce, then a 6-month separation period proves to the court that the marriage is broken beyond repair.
  • Irreconcilable differences - One party can then cite irreconcilable differences as the grounds for divorce. They must state that these disparities do exist and that no reconciliation has fixed or will ever fix these problems.
  • Court examination - At that point, the divorce court will start to examine the division of property and assets, child custody, and any spousal maintenance.

If you have been considering divorce as your only option, please reach out for guidance for your next steps. Divorce can be very tricky if you are not aware of the rules and regulations which guide it fairly in Illinois.

Call (630) 793-6337 to Speak With Our Naperville Team

If you are considering divorce, have already filed, or suspect that your spouse is going to file for divorce soon, you should consult with an attorney right away. At the Roscich & Martel Law Firm, our Naperville lawyers provide effective and compassionate legal advice and representation to clients throughout DuPage County.

To schedule a free consultation with one of our attorneys, contact our office today at (630) 793-6337.

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