The village of North Aurora is the location of five public schools, which serve children from nearly 3,000 families. About 60 percent of the households there consist of married couples, and about 27 percent of the population consists of children under 18. Ending a marriage can be one of life’s most difficult emotional processes. Even a simple, uncontested divorce between spouses with no assets to divide or dependents to consider can be very challenging. When minor children or complex assets are added to the situation, emotions can run higher, the process can take longer, and the expenses of the legal proceedings can increase. At Kollias & Giese, P.C., our North Aurora divorce lawyers handle many different types of divorce cases. These include not only simple divorces that only change the parties’ marital status but also fiercely contested matters involving minor children and the division of assets and liabilities acquired over many years of marriage.
One piece of good news is that the grounds for a divorce are rarely a factor in an Illinois divorce case these days. As long as the divorce court (typically the Circuit Court of Kane County for a North Aurora divorce) finds that the marriage has been irretrievably broken due to irreconcilable differences, the marriage can be dissolved without either party being held legally accountable. That said, the fact that a marriage can be dissolved without fault grounds does not mean that there is nothing left to contest as a marriage ends.Striving for Optimal Results in a North Aurora Divorce
In a divorce case in which the parties have accumulated substantial real estate and other property, one of the determinations that the circuit court judge will be required to make is the equitable distribution of marital property. This is not to be confused with an “equal” division or even an equitable division of all of the property owned by the spouses. Instead, the court will first decide what is and is not “marital” property. Usually, marital property consists of most property (real estate, automobiles, household furnishings, investments, and the like) that is acquired during the marriage. There are some exceptions, however, as a divorce attorney in North Aurora can explain.
The determination of how to divide marital property can be complicated, since the court must consider several factors. These include the value of the spouses’ non-marital estates, each spouse’s current economic situation, custodial provisions for the children, tax consequences, and the relative contributions of each spouse to the marriage. A homemaker’s contributions are considered, along with those of an employed spouse. In some situations, the court may also award spousal maintenance (alimony), either temporarily or permanently.
For divorces that involve at least one minor child, the divorce court judge must also decide the allocation of parental responsibilities and parenting time. Although these issues are similar to “custody” and “visitation” (terms used in the past), the courts now take a broader approach yet must still consider the best interests of the children as the most important goal. Our North Aurora divorce attorneys can help you fight for the best interests of your children. Child support may be awarded as well, depending on how much time each parent will spend with the children, the spouses’ relative incomes, and other relevant factors. In the years following a divorce, one or both former spouses may seek a modification of the divorce court’s decree regarding the allocation of parental responsibilities or parenting time, as well as the appropriate amount of child support. In these cases, the party seeking a modification must be able to show that there has been a change in circumstances since the divorce (or the last modification, if a post-divorce order has been entered previously).Schedule a Consultation With a Knowledgeable Family Law Attorney
While divorce and family law matters are never easy, it helps to have an experienced family law attorney on your side if you are going through the marital dissolution process or dealing with a child support, parenting time, or parental responsibilities issue. At Kollias & Giese, P.C., we take an assertive yet compassionate approach to the resolution of the issues that accompany the end of a marriage. If you would like to schedule an appointment with a divorce lawyer in the North Aurora area to learn more about your options and how we may be able to help in your situation, call us at (630) 407-1200 or contact us online and ask for a free consultation.