Frankfort is a rapidly growing village in Will County that is home to nearly 20,000 people and 3,000 families. Over 40% of the households there have children under the age of 18, and children account for over a quarter of the total population. Over three-quarters of the households in Frankfort consist of married couples. If you live in Frankfort and are considering a divorce, you probably have a lot of questions to consider. While you may be able to find some information on the Internet, only a knowledgeable Frankfort divorce lawyer can tell you how the law will apply to your situation. The experienced attorneys at Kollias & Giese, P.C., are skilled negotiators and can help you try to come to a resolution while avoiding a lengthy court process. However, sometimes the other party in a divorce refuses to negotiate and is not open to a reasonable settlement. In this situation, we can aggressively represent you and make sure that your arguments are skillfully and persuasively presented to the court.Residency Requirements
If your spouse and you live in Frankfort or other parts of Will County, court appearances will take place at the Will County Courthouse in Joliet. In order to file for a divorce in Illinois, you need to have been a resident of Illinois for the last 90 days.Division of Property
Illinois statutes lay out the principles that the court will use when determining how assets will be divided between divorcing spouses. Illinois law uses an equitable distribution scheme. That means that judges will divide marital property in a way that they believe is fair. Statutorily, they are required to take into account the length of the marriage, the spouses’ ages and health, their occupation and employability, their future earning ability, and custodial arrangements. In Frankfort, where median home values are almost $350,000, the parties may be worried about which spouse will receive the house. If there are kids from the marriage, the court may try to give the house to the party who will be living with the kids. This is an attempt to minimize disruption to the children. However, a divorce attorney can help Frankfort residents pursue an arrangement that is appropriate for their needs.High-Asset Divorce
In 2016, the estimated median household income in Frankfort was $118,994. This is almost double the state median income of $60,960. Many of the Frankfort couples who are considering a divorce are likely to have significant assets and wealth. While the same laws apply to all situations, wealthy couples will have some unique considerations. For example, high-asset couples may have significant tax advantages if their divorce is structured in a certain way. This is just one reason why it is crucial for couples considering a divorce to work with a knowledgeable Frankfort divorce attorney.Child Custody/Parenting Time and Responsibilities
If there are children of the marriage, the parties must also make a parenting plan that allocates parenting time and responsibilities. Illinois statutes have moved away from using the term “custody.” Instead, the statute discusses parenting time and parenting responsibilities. Parenting time refers to who is physically with the child at any given time. Parenting responsibilities involve who is able to make decisions for the child, such as those surrounding education, religion, and health.
The court will look at a number of different factors to allocate parenting time and responsibilities. However, the overarching principle of most family court decisions is “the best interest of the child.” If the parents can come to an agreement between themselves, typically the court will approve it. Otherwise, the Illinois statute lays out many different factors that the court can consider as part of the best interest of the child analysis when determining parenting time and responsibilities. These include the child’s wishes, the health of the parents, the willingness of a parent to preserve the child’s relationship with other parent, and the preservation of the child’s relationship with siblings and other relatives.Contact an Experienced Divorce Lawyer in Frankfort Today
The attorneys at Kollias & Giese, P.C., provide dedicated and personalized representation in divorce and related matters, such as child custody, property division, child support, and paternity. We understand that each client has unique needs. Instead of using a standard approach to every situation, our attorneys listen to your goals and priorities and help you pursue the outcomes that you desire. Contact us today for a free initial consultation online or at (630) 407-1200.