Carpentersville is a village in Kane County in which nearly half of the households include children under 18. The average family size is nearly 3.8 people. Carpentersville is served by the Barrington Community Unit School District 220 and by Community School District 300. Going through a divorce, a child custody dispute, or another family matter can be very difficult, emotionally and otherwise. If you are considering ending your marriage, or if your spouse has recently filed for a divorce, you probably have a lot of questions. At the law firm of Kollias & Giese, P.C., our experienced Carpentersville divorce lawyers are here to help you work through these issues. Our office also provides counseling and mediation services, as well as representation in the modification of an existing child support or spousal maintenance decree.
A Carpentersville divorce case usually begins with one spouse filing a petition for divorce with the clerk of the Circuit Court of Kane County. In order to get a divorce in Illinois, at least one spouse must have been a resident of the state for at least 90 days. There should also be an allegation that the marriage has irretrievably broken down. (Most divorces are now granted on the no-fault ground of irreconcilable differences.) The person seeking the divorce should also set forth their requests regarding the division of marital property and debts, as well as the allocation of parental responsibilities and parenting time. Once the complaint for divorce has been filed, a copy should be served on the other spouse within a reasonable time. That spouse then has an opportunity to file an answer to the allegations against them. A divorce attorney can guide Carpentersville residents through the required procedures. At this juncture, one or both spouses may ask the court for temporary relief, such as child support or spousal maintenance (also known as “alimony”).Sorting Out the Issues in a Divorce Case
When it comes to the dissolution of a marriage, one of the most common issues is the allocation of parental responsibilities. There was a time when a divorce court would declare that one parent had “full custody” and that the other parent had “visitation,” but now the courts take a broader, more inclusive approach to allocating decision-making and parenting time. In determining which parent will make decisions regarding important issues, such as education, religion, and extracurricular activities, the court may decide that one parent should be responsible for all such decisions, that one parent should decide certain things while the other decides the remaining issues, or perhaps that one parent will make decisions in even years and the other in odd years. The goal is to do what is in the best interests of the children, while also encouraging both parents to be actively involved in the children’s upbringing. A Carpentersville divorce attorney can advise you on what a court may decide in your case. Depending on the relative economic circumstances of the parties, one parent also may be ordered to pay child support to the other parent.
The divorce court also will need to decide how the parties’ marital property and debts should be divided, if the couple cannot work these issues out through a settlement. In deciding such matters, the court will look at the parties’ current financial situation, as well as their contributions to the marriage and other factors. An “equitable distribution” of both assets and liabilities is the court’s goal. This may or may not result in the parties receiving “equal” shares of the property and debts acquired during the marriage.Schedule a Consultation With a Knowledgeable Divorce Attorney
Speaking with an experienced family law attorney can help you understand your legal rights in a divorce case. Knowing the likely range of outcomes for your situation, as well as possible complications, can help reduce the stress that inevitably comes with the end of a marriage or with revisiting issues such as the allocation of parental responsibilities or parenting time. At Kollias & Giese, P.C., we are here for you as you navigate your way through family law matters in Kane County. For a free consultation with a divorce lawyer in the Carpentersville area, call (630) 407-1200 or contact us online.