The village of Sugar Grove has witnessed substantial growth over the past two decades. Well over 1,000 families live there, and over three-quarters of the households include married couples. Nearly half of the households include children under the age of 18. With more married couples and families moving into the area, an inevitable consequence is that there are also more divorces. If you are facing a divorce or need legal advice concerning another family law issue, such as spousal maintenance or child support, the law firm of Kollias & Giese, P.C. is here to guide you through this difficult process. You can retain our Sugar Grove divorce lawyers for knowledgeable advice and dedicated advocacy.
The time, difficulty, and expense of resolving a family law case can vary significantly depending on the circumstances. While an uncontested divorce in which there are no children and relatively little property can work its way through the system in a matter of weeks (or perhaps a few months), a contested divorce or a case seeking to modify parental responsibilities or child support can take much longer. It is important to note that, in order to seek a divorce in Illinois, one or both parties must have lived in the state for at least 90 days. Once this requirement is met, the spouse seeking the divorce must file a complaint with the clerk of the circuit court. This paperwork must be served on the opposing party, and they must be allowed at least 30 days in which to respond.The Process of Pursuing a Contested Divorce
Once a complaint for divorce and an answer to it have been filed in the appropriate court, the next stage of the proceedings is called “discovery.” During this phase of the litigation, the parties exchange relevant financial information and other paperwork. In some cases, depositions may be taken so that each party can ascertain what the other is likely to say at trial. This process can be helpful to resolving issues such as the equitable division of marital property and marital debt. In Illinois, if a couple cannot agree on who will receive which assets and be responsible for which debts, the divorce court must take several factors into consideration. Our divorce attorneys can help Sugar Grove residents understand how the court may view their case. Relevant factors may include the parties’ relative earning capacities, their non-marital assets, their time with any minor children, and their contributions to the marriage, among others.
In deciding what is in the best interest of the parties’ minor children, the court may be asked to allocate both parental responsibilities and parenting time. Previously, divorce judges decided who would get “custody” and who would have “visitation” with the children, but now those terms are no longer used. Under the Marriage and Dissolution of Marriage Act, a court allocates various decision-making powers to one parent or the other, or sometimes to both. In this manner, it is determined who will be responsible for making important decisions concerning issues like religious upbringing, health care, and extracurricular activities.
In making this determination, the divorce court considers factors such as the relationship between each parent and the children, the mental and physical health of the parents and the children, and any evidence of violence or abuse by either parent. Our Sugar Grove divorce attorneys can help you present arguments for your preferred arrangement. In some situations, a judge may also consider a child’s wishes, but this is true only if the child is old enough and mature enough for their desires to be given substantial weight in the process.Contact a Knowledgeable Family Lawyer to Protect Your Future
As with other types of legal matters, it pays to understand both the legal process and the relevant statutes if you are considering a divorce. At Kollias & Giese, P.C., we appreciate the opportunity to serve your legal needs. We offer a free consultation so that you can learn more about our firm. To set up an appointment, call us at 630-407-1200 or contact us online. We recognize the emotional challenges that spouses and parents may face during this process, and we are ready to guide you through a settlement or advocate for you at trial. You should act promptly in consulting a divorce lawyer in the Sugar Grove area so that you have representation at every stage of the proceedings.