Campton Hills is a village in Kane County in which the vast majority of residents are families. The average size of a family there is 3.4 people, which shows that a large number of children live there. Three school districts serve children in Campton Hills. If you live in Kane County and are considering filing for a divorce or for a modification of a previous decree regarding child support, alimony, parenting time, or the allocation of parental responsibilities, the attorneys at Kollias & Giese, P.C. are ready to assist you. Our Campton Hills divorce lawyers can handle any case, no matter how large or how small, providing the personal attention that each client deserves.
One of the most common questions that we hear is, “How long will my case take?” Unfortunately, there is no easy, one-size-fits-all answer to that question. First and foremost, a spouse filing for a divorce must establish residency in Illinois. The only exception to this is if the person against whom the complaint will be filed has resided in the state for at least 90 days. Until one or both parties have been a resident of the state for the required length of time, the courts of Illinois do not have jurisdiction over a divorce. Assuming that jurisdiction has been established and that both parties agree to the divorce, an uncontested divorce could possibly be granted within a few weeks. A contested divorce, however, may take much longer.Pursuing a Divorce Under Illinois Law
When a divorce is “contested,” this means that the spouses cannot agree on issues such as the division of marital property or marital debt, or they cannot reach a settlement regarding the allocation of parental responsibilities (such as who will make decisions concerning the children’s schooling, health care, or religious training) or parenting time. A divorce attorney can advise Campton Hills residents on how a court may view these issues. Spousal maintenance (alimony) or child support may also be in contention.
Even in a contested divorce, however, the grounds are not likely to be an issue. Most divorces in Illinois are granted on the no-fault ground of irreconcilable differences. However, this does not mean that the trial court will not take into consideration some of the reasons for the breakdown of the marriage at some point. These issues, while not necessary for a determination that the marriage is irretrievably broken, may be relevant in determining parental responsibilities, the allocation of marital debt, and other concerns.
The courts in Illinois follow the “equitable distribution” doctrine in deciding which spouse receives a certain item of property and who must assume a given debt. Equitable is not always the same thing as equal. Instead, in determining what is “equitable,” the circuit court judge must consider the spouses’ relative contributions to the marriage, their income and earning potential, who will have the children with them most of the time, the debts that each person will assume, and several other factors. A Campton Hills divorce attorney can explain how these factors may apply in your situation. With regard to the allocation of parental responsibilities and parenting time, the court must decide which arrangement is ultimately in the best interests of the parties’ minor children.Schedule a Free Consultation With an Attorney to Understand Your Options
Even in a peaceful and prosperous community like Campton Hills, marriages can fail. Sometimes, someone or something is to blame, but sometimes people just grow apart. If you find yourself in the unfortunate situation of a deteriorating marriage and want to know more about filing for divorce, Kollias & Giese, P.C. is here to help. You can schedule a free consultation in our offices by calling (630) 407-1200 or contacting us online. We know that emotions often run high in family cases, especially in matters in which there are minor children or considerable assets or debts that must be divided. In assisting Campton Hills residents, our divorce lawyers keep a client’s future as our top priority. While we are always ready to consider an amicable solution, we know that preparing for trial is also important to protect your interests.