Naperville is one of the largest cities in Illinois, with close to 150,000 residents. There are almost 50,000 households in Naperville, and 70 percent of those households are made up of families. Around 40 percent of the households have children as well. Naperville is one of the wealthier cities in the Midwest, with a median family income of over $130,000. When people are struggling with issues such as divorce, property division, and spousal maintenance, they rarely see eye to eye. When the parties involved have substantial assets, it can lead to heated disagreements. If you are contending with a family law issue, it is critical to retain an experienced Naperville divorce lawyer to assist you in protecting your interests and seeking a favorable outcome under the facts of your case. The family law attorneys at Kollias & Giese, P.C. will work diligently to help you resolve your issues efficiently and discreetly.Illinois Divorce Proceedings
In Illinois, either party in a marriage can seek a divorce by filing a petition for dissolution of marriage. The party must show that either the party or his or her spouse has been a resident of Illinois for 90 days, and they must set forth factual information regarding the parties, their marriage, and any arrangements for support or spousal maintenance in the petition. The petition must also indicate whether the parties had any children during the marriage and, if so, whether they allocated parental responsibilities for any minor children. Finally, the petition is required to allege that irreconcilable differences caused the parties’ marriage to break down irretrievably.Division of Assets
One of the primary considerations in any divorce case is how any property and assets acquired during the marriage will be distributed. Under Illinois law, marital property is subject to equitable distribution in a divorce. Any property that either party acquires during the course of the marriage is presumed to be marital property unless proven otherwise. A divorce attorney in Naperville can explain how equitable distribution works. Equitable distribution does not require the court to divide property equally between the spouses; instead, it means that the court will divide the property in a manner that it deems fair and just, based on the facts of the case. The court will consider factors such as the parties’ relative incomes, separate assets, and earning potential in determining how the property should be divided.Spousal Maintenance
In some marriages, one spouse will earn substantially more than the other, and if the parties divorce, the lesser earning spouse will be left at a financial disadvantage. A party can petition the court for spousal maintenance, but it is only granted in certain circumstances. There are several factors that the court will weigh in determining whether to grant maintenance, including how the marital property will be divided, each party’s needs and earning potential, and the standard of living to which the parties are accustomed. A Naperville divorce attorney can explain how these factors may apply in your situation. Typically, maintenance is awarded in cases in which the parties have been married for a long time. If the court finds that maintenance is appropriate, it will order a maintenance award in accordance with the statutory guidelines, but it may depart from the guidelines if the circumstances warrant a deviation. If you are in the process of seeking a divorce, you should meet with a knowledgeable family law attorney to discuss whether maintenance may be granted in your case, as well as your other options for protecting yourself financially.Meet With a Seasoned Family Law Attorney
One of the most contested issues in a divorce is how things should be resolved financially. It is not uncommon for one spouse to have a higher income and greater earning potential than the other, especially in wealthy communities, and a divorce can result in significant financial changes for each party. If you are considering filing for a divorce, it is critical to consult a divorce lawyer in the Naperville area to discuss your options for protecting your future. The attorneys at Kollias & Giese, P.C. will aggressively advocate on your behalf. You can reach us at (630) 407-1200 or through our online form to set up a consultation.