Wheaton Divorce Lawyers

Compassionate Divorce Attorneys Serving Wheaton and DuPage County

Making the decision to get a divorce can be one of the most important and emotional decisions you will ever make. The divorce process is often more difficult and more emotionally charged when children are involved. An experienced family law attorney from our firm can help you approach the emotional, financial, and legal matters involved in a divorce in a rational manner.

Our skilled and experienced divorce and family law attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC know the laws of divorce, or as it is legally called, "dissolution of marriage." During our initial consultation with potential clients, we present them with comprehensive information about the divorce process. At that time, we will discuss any issues related to child custody, child support, parenting time, or other divorce-related matters. We inform them about the additional information that we will need to proceed with a divorce.

As a general rule, an amicable resolution is often in the best interests of the parties and their children. Such an approach is frequently less expensive and less stressful, allowing the parties to rebuild their lives more quickly. However, not all cases can be resolved amicably. In contentious cases, rest assured that our firm will zealously and aggressively represent our clients' interests. Contact the Wheaton divorce lawyers of Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 to get effective representation from an attorney who will have your best interests at heart.

Grounds for Divorce

In Illinois, you do not have to prove someone is at fault to get a divorce. In a no-fault divorce, either spouse can obtain a divorce without proving the other spouse did something wrong, even if the other spouse does not consent to the divorce.

Previously in Illinois, you could also allege fault-based grounds to obtain a divorce. Some of the more common reasons for obtaining a fault-based divorce included adultery, mental illness, mental cruelty, and abandonment. However, the law was changed in 2016, eliminating fault-based divorce as an available option. Now, all divorces will be granted on the no-fault grounds of irreconcilable differences.

In the past, Illinois law also required a two-year waiting period before a couple could finalize the divorce process. This waiting period has been eliminated, and in most cases, the divorce process can be completed as soon as all outstanding issues have been resolved. In an uncontested divorce, a couple can negotiate a settlement, and once they have reached a final agreement, they can submit their settlement to the court, and a judge will finalize their divorce decree. In a contested divorce where spouses are unable to reach agreements on some or all outstanding issues, a divorce trial may be held, and a judge will make the final decisions about the terms of the couple's divorce judgment.

Comprehensive Divorce Practice

Our divorce practice is comprehensive, covering all matters that arise during divorce proceedings and after a divorce decree is final. We assist clients in addressing issues including:

• Child Custody and Visitation: We help clients determine what arrangements for the allocation of parental responsibilities and parenting time will be best for them and for their children.
• Maintenance/Alimony: When one spouse is required to pay financial support to the other spouse, this support is called spousal maintenance. We explain the different possibilities for alimony/spousal maintenance, placing special emphasis on the tax implications of the different approaches.
  
• Child Support: We help our clients understand the Illinois child support guidelines and ensure that financial support orders will address all applicable child-related expenses.
• Property Distribution: It is not unusual for the parties to have emotional attachments to property, which often causes difficulty in reaching an agreement on how marital assets will be divided. We help ensure that the division of property is equitable, and we use business evaluators and forensic accountants when needed to ensure that all marital property is taken into account.
• High Net Worth Divorce: We can help spouses address the unique concerns that may arise when they own extensive assets or when one or both parties earn large incomes. We can ensure that all financial issues will be addressed correctly in these situations.
• Mediation and Collaborative Law: These methods of negotiating divorce settlements can be invaluable in assisting clients who choose a less contentious method of resolving their disputes.
• Enforcement and Modifications: We can file petitions to modify court orders related to support, custody, and visitation based on changes that have occurred after the finalization of a divorce. We can also help our clients take the correct steps to enforce court orders and ensure that an ex-spouse meets their legal obligations.

Contact Our Wheaton Divorce Attorneys

We have built a strong reputation as skilled divorce attorneys since our firm was established in 1949. Consequently, colleagues in other law firms often refer divorce matters and mediation cases to our firm. Whether you walk in our door or are referred by another attorney, we will provide you with extensive information about your options, treat you with respect and compassion, and proceed with your best interests firmly before us. Contact a skilled and compassionate divorce lawyer at Mirabella, Kincaid, Frederick & Mirabella, LLC. We can help. Call our firm at 630-665-7300 to schedule a consultation today.

For more information about divorce and family law, visit our Family Law FAQ page.