Going on the journey of divorce is undoubtedly a challenging experience. It can be a minefield of emotional and legal complexities. First, there’s the emotional toll of the separation that you maybe never expected. Then there’s the matter of the kids, the house, and other belongings. It’s an upheaval of your life that you’re never truly prepared for.

At Reidy Law Office, we understand the difficulty faced by couples and individuals in this situation. Our goal is to provide compassionate guidance and legal expertise to help you navigate the intricate terrain of divorce in Oak Brook and surrounding areas.

Understanding the Basics of Divorce

Divorce in Illinois operates under “no-fault” principles. This allows an individual to seek a divorce due to irreconcilable differences without specifying particular reasons. The court may presume these differences if the couple has lived apart for at least six months, which does not require you to be physically separated for six months. 

In every divorce, there are three key things you need to determine. These are how to divide your property, who gets to take care of the kids and how (custody), and the financial responsibilities for your children. You might also need to think about whether one spouse should financially support the other. While not every couple has to deal with all these things, these areas often cause the most disagreements during a divorce.

Our Oak Brook divorce lawyers know the ins and outs of these complicated emotional and legal matters. We can help you reach an agreement during negotiations, ensuring your voice is heard and that the final decision is fair to you.

Uncontested and Contested Divorce

The terms “uncontested” and “contested” play a crucial role in divorce proceedings. In an uncontested divorce, spouses agree on the terms and settlement, saving time and costs. However, disagreements on property division, spousal support, and custody lead to contested divorces. Our Oak Brook divorce lawyers adeptly handle both scenarios, ensuring the best possible outcome for our clients. Although most people want their situation to be “uncontested” in order to save money, most cases start contested and end up uncontested. 

Property Division in Illinois

Illinois follows equitable distribution in property division, meaning assets are divided fairly, not necessarily equally. Our Oak Brook divorce lawyers can assist in ensuring a fair settlement for you. Understanding the nuances of asset distribution is vital, and our legal expertise can make a significant difference.

FAQ: Oak Brook Divorce

Who gets child custody after divorce in Illinois?

Child custody rulings are based on the child’s best interests. Our Oak Brook divorce attorneys work diligently to protect parental rights and navigate the complexities of family court.

Will my spouse get half of everything after a divorce in Illinois?

Illinois follows equitable distribution, ensuring a fair, though not necessarily equal, division of assets. Our family law attorneys guide clients through this process for a just settlement.

Can I request child support during my Oak Brook divorce?

Temporary child support orders can be requested in challenging financial times during a divorce. Our skilled family law attorneys assist in preparing such requests.

Parental Responsibilities According to Illinois Law

In 2016, Illinois lawmakers updated the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5). A significant change they made was in the language used for child custody and visitation. Rather than using “custody,” which implies possession, the law now talks about the allocation of parental responsibilities. Instead of “visitation,” parents now have shared parenting time.

Even though the words are different, the ideas of custody and visitation are still there. You’ll still have to create a parenting plan. This plan will either give both parents shared responsibilities for the children or give one parent the main decision-making power. You’ll also have to decide where the children will primarily live, especially for things like school registration.

How An Oak Brook Family Law Attorney Can Help

Divorce can be terribly burdensome, but having a dedicated family lawyer makes a substantial difference. At Reidy Law Office, our Oak Brook divorce lawyers offer comprehensive services in various family law areas. We aim to empower you with knowledge at each stage of the divorce process, allowing you to approach it with confidence. Schedule a consultation with us today to embark on a path towards resolution.