The village of Bloomingdale is a mid-sized town located about 10 miles from the DuPage County Courthouse. Bloomingdale’s idyllic country atmosphere appeals to a wide variety of people, and the residents of Bloomingdale are a mix of families and single people of all ages. Even people who live in pleasant communities can find themselves in a family law dispute, though. If you are faced with a divorce or another family law matter, it is important to retain a skilled attorney to protect your interests. At Kollias & Giese, P.C., our Bloomingdale divorce lawyers are mindful of the sensitive nature of family law disputes and will work efficiently to help make the process of resolving your case as seamless as possible.Illinois Divorce Proceedings
It is estimated that half of all marriages end in divorce. If a married person or his or her spouse has lived in Illinois for 90 days, either of them may file for divorce. Illinois no longer allows parties to pursue fault-based divorces. Instead, as set forth in the statute defining the procedures for the dissolution of a marriage, a petition for the dissolution of a marriage must state that there are irreconcilable differences that have caused an irretrievable breakdown of the marriage.
The party who files the petition must ensure that it is properly served on the opposing party, after which the opposing party has a chance to respond. Following the proper procedures is important in a divorce action, since a failure to do so can cause a delay in the resolution of your case and may adversely affect your rights. If you wish to pursue a divorce or were recently served with a petition for the dissolution of your marriage, it is important to seek the services of a capable divorce attorney in the Bloomingdale area to assist you with your case.Distribution of Property in a Divorce
Once a petition for the dissolution of a marriage is filed, the parties will typically engage in discovery. Discovery is a process through which the parties exchange information regarding any assets and property that they own separately or jointly, as well as any debts and liabilities for which they are responsible. Discovery is an essential part of a divorce case, since it allows the court to assess the full extent of the property and obligations of the parties so that it can determine how they should be disbursed.
For the purposes of distribution in an Illinois divorce action, most property obtained by either party during the marriage is presumed to be marital property. There are certain exceptions to the presumption, however, such as gifts or property obtained in exchange for separate property that was acquired before the marriage. Additionally, if the parties entered into a pre-nuptial or post-nuptial agreement that states that certain property is not marital property, that property will be considered separate property. The increase of the value of any separate property is not considered marital property either. Our Bloomingdale divorce attorneys can further explain how the complex rules in this area function.
While there are a handful of community property states, in which the law requires marital property to be distributed equally between the parties, Illinois is not one of them. Instead, since there is no Illinois statute that explicitly defines how property should be divided, the courts typically attempt to distribute any marital property in a fair and equitable manner. A fair and equitable division of property does not always result in a 50-50 split, however. Factors considered in determining what is fair include the duration of the marriage, the economic status of each spouse, and each spouse’s contribution to the marital property.Retain an Experienced Family Law Attorney
Family law issues are prevalent in today’s society, but many people are unsure of what to do when they find that they are involved in a family law dispute. If you are facing a potential divorce or parenting rights issue, you should retain a knowledgeable family law attorney to discuss the facts of your case and the manner in which you should proceed. Our divorce lawyers assist people in Bloomingdale and the surrounding areas. We can be reached at (630) 407-1200 or through our online form to set up a conference.