About 20,000 people live in Mokena, which is a village in Will County. Almost three-quarters of the households in Mokena include married couples living together. While marriage often is a wonderful partnership between two people, it does not always work out that way. Sometimes it may be best for all of the parties involved to end the marriage. If you live in Mokena or somewhere else in Will County and are considering a divorce, your first step should be to contact a knowledgeable Mokena divorce lawyer. The experienced divorce lawyers at Kollias & Giese, P.C., can help answer your questions and address any concerns that you have when going through the divorce process. Kollias & Giese, P.C., prioritizes client satisfaction and will make sure that you understand the complexities of the situation.First Steps When Considering a Divorce
If you are getting ready to begin the divorce process, there are a few things that you need to do. First, as explained above, you should contact a skilled divorce attorney so that they can advise you on the details of your situation. Generally, people who are thinking about divorce should begin to get their documents together. Along with identity documents like passports and birth certificates, you will also need to gather financial information. In addition to bank account information, you should try to collect information about any investments, retirement accounts, and other benefits that are offered by either spouse’s employer.
Whether you should move out of the home or ask your spouse to leave will be something that your attorney can help you decide. Since the median house value in Mokena is over $350,000, who gets the house may become a major disagreement. While there is usually a strategic benefit to remaining in the house, a knowledgeable divorce attorney in the Mokena area can advise you with the specifics of your situation in mind.Property Division
Illinois uses an equitable distribution scheme to divide property between divorcing spouses. However, the court will almost always approve any agreement that the parties can reach themselves. If the court needs to divide the property, it will take into account a number of different factors. These include the resources and employability of the parties, the contributions that they made to the marriage, and each party’s mental and physical health. The court will also consider the custody arrangement and any spousal support that is ordered.Arrangements for Children
According to the census, about 25% of the residents of Mokena are under the age of 18. That means that many Mokena couples who are considering a divorce will have children from the marriage. Ideally, the parties can come to an agreement about with whom the children will live and when they will spend time with the other parent. If the parties cannot come to an agreement with the assistance of a Mokena divorce attorney, the court will step in and make a parenting plan for them.
Illinois has moved away from using the language of child “custody” and instead uses the terms “parenting time” and “parental responsibility.” Parenting time refers to who has physical custody of the child at any given time. Parental responsibility is about who has the power to make important decisions for the child, such as decisions surrounding education, religion, and health care. While only one parent can have parenting time at any given moment, parental responsibility can be shared.
The court uses a best interest of the child standard to make parental responsibility and parenting time decisions. Whenever possible, the court tries to preserve the relationship between the child and both parents. The court may look at factors such as which home would be less disruptive for the child to use as their main residence and which parent is better able to care for the child on a daily basis.Contact a Skilled Divorce Lawyer in the Mokena Area
A family court judge has a lot of discretion in making decisions during a divorce. This is why it is important to have an experienced divorce attorney on your side to help the judge see the issues from your perspective. The knowledgeable divorce lawyers at Kollias & Giese, P.C., prioritize personalized representation and can craft a legal strategy to meet your particular needs and desires. Contact us for a free initial consultation at (630) 407-1200 or online.