Facing the prospect of a divorce can be one of life’s greatest challenges. In addition to the breakup of the parties’ relationship, there are many issues that may need to be sorted out – the division of marital property, a fair allocation of debts, and the assignment of parental responsibilities and parenting time, just to name a few. In some scenarios, resolving these issues could take months or even years of litigation. However, many divorce and family law matters can be resolved in a manner that leaves the former spouses on at least amicable terms, an important consideration if children are involved. At Kollias & Giese, P.C., our experienced Batavia divorce lawyers are prepared to battle for the rights of our clients in court if necessary. However, we work hard to resolve matters in a more efficient and effective manner if this is possible.
Because of its relatively modest population yet proximity to a major urban area, Batavia has been recognized as one of the nation’s best small towns. It has also been included in lists of the best places in America to raise kids. Over 40 percent of the households there include children under 18, and over 30 percent of the total population is under 18. Unfortunately, divorce is an issue in any city in the U.S. Roughly two in five marriages will end in divorce. Illinois law no longer requires that a spouse prove fault in a divorce case. An allegation of irreconcilable differences is usually sufficient for a judicial circuit court judge to declare the marriage irretrievably broken and dissolve the union between the spouses.Determining the Division of Property and Parenting Responsibilities Under Illinois Law
Illinois is not a community property state. In deciding an equitable division of a couple’s marital property, the courts will look at several factors, including the relative economic positions of the spouses, the amount of parenting time that each will have with their children, and the contributions of each spouse to the accumulation of marital property. A divorce attorney in Batavia can advocate for you during this process. Similarly, the court will divide the parties’ debts in an equitable – but not necessarily equal - manner. Alimony or spousal maintenance is also a possibility, although this is not nearly as common as it once was. For spouses who have children, the court will determine the parties’ parenting responsibilities, such as who makes decisions concerning a child’s medical care, education, and religious upbringing, as well as how parenting time (previously known as “visitation”) will be divided.
Depending on how much time each parent will spend with the children and the parents’ respective household incomes, the court may also order that one spouse pay child support to the other. Our Batavia divorce attorneys can explain how the child support guidelines may apply to your case. While a court’s order is considered final after 30 days, there may sometimes be a reason to revisit issues of spousal maintenance, child support, and parenting responsibilities or parenting time in the years following the parties’ divorce. The court’s primary consideration in matters involving children is always the best interests of the children, and a change in circumstances can sometimes provide cause for a redetermination of issues involving the children. A parent’s desire to relocate with a child out of the state, or out of the country, can also lead to litigation.Explore Your Options with a Seasoned Divorce Lawyer
At Kollias & Giese, P.C., we are prepared to help residents of Kane and DuPage Counties with the many issues that can arise during the dissolution of a marriage. In addition to handling contested divorces, uncontested divorces, and collaborative divorces, our experienced attorneys can also assist with modifications of parental allocation judgments, child relocation within Illinois, child relocation outside Illinois, modifications of parenting time orders, paternity tests, modifications of child support, and modifications of spousal maintenance, among other matters. For an appointment with a divorce lawyer in Batavia, call us at (630) 407-1200 or contact us online. We look forward to serving your legal needs.