Rolling Meadows, IL Divorce Lawyers

Attorneys Helping Clients Protect Their Interests During Divorce in Rolling Meadows, Illinois

The end of a marriage is a major life transition that is likely to involve emotional issues along with the changes that will affect a person. The divorce process will involve many important legal issues that will need to be resolved, and the decisions made can affect a person's finances, their relationship with their children and other family members, and many other parts of their life.

Understanding the laws that apply in a divorce, the financial impact of the decisions that will be made, and the options for resolving issues that may arise is not always easy, but with representation from a skilled family law attorney, a person can make sure they will be able to approach the process the right way. At Cosley Law Office, we work with clients in Rolling Meadows to navigate the legal and financial aspects of divorce. We can provide the legal help needed throughout the entire process to ensure that our clients will be able to end their marriages successfully and move forward with their lives.

Uncontested Versus Contested Divorce

Understanding the different approaches that may be taken during the divorce process can help a person know what to expect and what options may be available for addressing and resolving any disputes they may encounter. In an uncontested divorce, the spouses will reach agreements on all major issues and create a settlement that fully details the decisions they have made. Once they have finalized the terms of their settlement, they will file it in court, and after the settlement is approved by a judge, their marriage will be legally dissolved.

Because court intervention usually will not be required to address the issues in a case, an uncontested divorce may be faster, less expensive, and less stressful than a case involving disputed issues. However, if a divorce is contested, the process may take longer to complete. Multiple court hearings may need to be held as the spouses work to resolve their disputes, and the case may proceed to a trial where a judge will review evidence, testimony from the spouses or other witnesses, and other information as they make the final decisions about how the outstanding issues will be resolved.

Ways Disputes May Be Resolved During a Divorce

There are several methods that may be used to address the issues involved in a divorce. Depending on the level of conflict between the spouses, their willingness to cooperate, and the complexity of the issues that will need to be addressed, they may use methods such as:

• Negotiation: The attorneys representing each spouse may handle communications between the parties and work to reach agreements on the outstanding issues. Negotiating outside of court may help a couple reach a settlement, and they can consult with their attorneys to make sure all legal issues have been fully addressed before the settlement is filed in court.
• Mediation: A neutral third-party mediator may help spouses discuss the issues in their case and reach agreements on the terms of their divorce settlement. This approach will encourage cooperation and compromise, and it can be an efficient way of resolving the outstanding issues. Each party can consult with their own attorney and make sure the final settlement meets all legal requirements.
• Collaborative Divorce: This method of negotiation will encourage spouses and their lawyers to commit to resolving divorce-related issues cooperatively through open and honest negotiations. A couple will agree to resolve issues outside of court, which can help them complete the process more efficiently while minimizing disputes.
• Litigation: When disputes cannot be resolved through other methods, a trial may need to be held, and the final decisions about how the outstanding issues will be resolved will be made by a judge.

Dividing Marital Assets and Debts

As a couple determines how they will handle issues related to their property and finances, they can work together to determine how the assets they own will be divided between them and who will be responsible for paying marital debts. In Illinois divorce cases, couples are not required to divide their property equally, but a settlement should be fair and equitable.

Before property can be divided, a couple will need to understand which assets and debts are marital or non-marital. Marital property includes assets and debts that a couple acquired during their marriage. Non-marital property typically includes assets that either spouse owned before the marriage, as well as any gifts or inheritances that were received by one spouse.

The issues that may need to be addressed when dividing marital property include:

• The Marital Home: A couple may need to determine whether they will sell their home and split the proceeds or whether one spouse will be the sole owner of the home.
• Retirement Accounts: Pensions, 401(k) accounts, or other retirement benefits that were earned or acquired during a marriage may need to be divided. Specific legal orders will need to be created when doing so to ensure that taxes or penalties will not apply to these transfers.
• Business Interests: Business owners will need to understand how ownership of a business will be handled during a divorce. A business valuation will usually need to be performed, and a person may need to determine whether they can buy out their spouse's share of the business. If necessary, a business may be sold during a divorce, or a couple may agree to continue co-owning a business after their marriage ends.

Spousal Maintenance

In some divorce cases, one spouse may ask for financial support from the other spouse. This support is referred to as spousal maintenance in Illinois, but it is also known as alimony. Maintenance will not be automatically awarded. A spouse may request maintenance, and a court may review the couple's circumstances to determine whether financial support will be appropriate.

Alimony may become a factor when there is a large difference in the income earned by the spouses. A spouse who relied on their former partner to pay their family's expenses, made sacrifices to their career in order to raise children or handle other marital responsibilities, or provided assistance to help the other spouse further their career may be eligible to receive ongoing support that will help them meet their needs after the divorce.

Illinois law provides guidelines for calculating the amount of maintenance that will be paid. It also details how long alimony will be paid, which will depend on the length of a couple's marriage. Spousal maintenance can help ensure that a person who earns a lower income than their former spouse will be able to maintain their standard of living, and it can also help them take steps to increase their income and become self-supporting by pursuing an education or receiving job training.

Contact Our Rolling Meadows Divorce Attorneys

The divorce process will involve many legal issues, financial decisions, and concerns that may affect a couple and their children. At Cosley Law Office, our attorneys can provide legal help for people who are going through divorce, ensuring that their rights and interests will be protected. To set up a free consultation, contact our Rolling Meadows, IL divorce lawyers at 847-253-3100.