Elgin

Knowledgeable Family Law Attorneys Assisting Residents of Elgin

About half of the households in Elgin belong to married couples, and the average household size is about 3.6 people. Well over a third of the households in the city are home to children under 18 years old. Children account for nearly a quarter of its total population. If you live in Elgin and are considering filing for divorce in Cook or Kane County, you need to speak to an experienced Elgin divorce lawyer about your situation. Issues such as residency, jurisdiction, and the possibility of a temporary order regarding custody and support need to be addressed promptly so that the paperwork can be filed in the appropriate court. Likewise, people who have recently been served with papers in a divorce matter filed by their spouse should seek counsel in a timely fashion. At Kollias & Giese, P.C., we are here to help clients with these and other issues. We offer a free consultation so that you can make sure that our firm is a good fit for your legal needs before making a decision to retain our services.

There are many issues that can come up in a divorce case, but each case is unique and must be addressed on its own merits. For couples who have minor children, one of the most difficult tasks in the marital dissolution process involves arrangements for parenting time and the allocation of parental responsibilities. “Parenting time” involves the time that a child spends with each parent. Courts use the term “parental responsibilities” to refer to the right to make decisions concerning education, religion, and health care. In Illinois, judges are required to decide what is in the best interests of a child when divorcing parents cannot come to an agreement on these issues. A divorce attorney can help Elgin parents advocate for an arrangement that works for them.

Common Issues in Divorce Cases

It is not necessary that the plaintiff in a divorce case prove fault against the other spouse. Illinois courts accept “irreconcilable differences” as a no-fault ground for divorce. A trial court judge in a divorce action can declare the marriage to be dissolved if they determine that the parties’ relationship is irretrievably broken and that continuing the marriage would not be in the family’s best interests. It is important to note that, while most couples seeking to end their marital relationship do so through a divorce, there are certain other options (annulment and legal separation) that may be a better fit in some circumstances.

Divorce actions are usually filed in the judicial circuit court of the county in which the petitioning spouse resides. For people in Elgin, this would be Cook County or Kane County. Our Elgin divorce attorneys can help you with putting the paperwork together. Importantly, at least one spouse must have been an Illinois resident for at least 90 days in order for Illinois courts to have jurisdiction over the matter. In addition to formally dissolving the parties’ marriage, the trial court may also be required to divide the parties’ property and debts. In some cases, a spouse may ask for an order of protection or restraining order. A court can issue an emergency order of protection if it determines that the person seeking protection is at risk of harm from the person against whom the order is sought. An emergency order is, by its nature, temporary. A hearing will be held within two or three weeks to determine whether the order should be extended via a plenary order of protection that can last for up to two years.

Discuss Your Case with an Experienced Divorce Lawyer in Elgin

Ending a marriage can be difficult emotionally, not to mention financially. It is important that a person going through a divorce understand all of the possible issues and that they have an effective legal advocate to stand up for their rights at every step of the proceedings. The seasoned attorneys at Kollias & Giese, P.C. will be glad to discuss the details of your case with you. Call us at 630-407-1200 or contact us online to schedule an appointment. We also handle post-divorce issues, such as whether a parent should be allowed to remove a minor child from the state (or even from the country), whether child support should be adjusted due to a change in circumstances, or whether the initial decisions regarding parental responsibilities and parenting time are still in the best interests of the children as they get older.