Lombard, Illinois Divorce Lawyers

Attorneys Helping Clients Complete the Divorce Process in Lombard

Billing and Fee Structures

We work to ensure that our fees are reasonable and affordable for all of our clients. To discuss our fee structures and learn about payment options, contact us at 630-665-7300.

Ending a marriage is rarely a simple process. When getting a divorce, you may experience upheaval in your life as you establish new living arrangements and sort out your finances. You may face emotional difficulties as you deal with the fallout of the end of your marriage and make decisions about the custody of your children. Regardless of whether your divorce is contested or not, you and your spouse will need to address multiple types of legal issues. Determining what approach to take is not always easy, but with legal help from a skilled lawyer, you can take the necessary steps to achieve your goals.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our Lombard divorce lawyers can advise you of your rights and advocate for your interests during negotiations or court proceedings. We will work to help you achieve the outcome you are looking for so that you can put your divorce behind you and achieve success in the future. Whether your case involves complex financial matters, custody disputes, or other factors, we will provide you with the strategic advocacy you need to protect your rights.

Filing a Divorce Petition

Divorce proceedings begin when one party (the petitioner) files a Petition for Dissolution of Marriage. If you are the petitioner, you may file your petition in the county where you or your spouse are currently living. The petition will state the grounds for divorce, which will be "irreconcilable differences," the only grounds recognized in Illinois. It will also include the petitioner's requests for relief, which will ask the court to make temporary decisions related to issues such as property division, alimony, or child custody.

If your spouse filed the petition for divorce, you are the respondent, and you will be served with the petition. You will be required to file a response, and you have the option of filing your own counter-petition as well.

The Discovery Process

After filing and responding to the divorce petition, the divorce will enter the discovery phase. This is a crucial part of the divorce process in which each side will gather financial and personal information relevant to the case. Discovery may involve:

• Interrogatories: These take the form of questions that one party's attorney may send to the other party.
• Requests for Production: The parties may ask each other to turn over documents such as tax returns or bank statements.
• Depositions: One or both parties may provide testimony under oath, discussing the issues involved in the divorce.
• Subpoenas: Attorneys may submit court orders to obtain records from third parties.

Discovery ensures that each party has a full understanding of the marital estate and other key facts. The information obtained will play a role in the decisions made about divorce-related issues.

Settlement vs. Litigation

Most divorces are resolved through negotiated settlements. You and your spouse will work to craft agreements with the assistance of your attorneys, addressing all outstanding issues, including property division, child-related matters, and financial support. A settlement can be reached at any point during the process, and once it is finalized, it can be filed in court to complete an uncontested divorce.

If you and your spouse cannot agree on one or more issues, your case may proceed to litigation. If a trial is held, a judge will hear evidence and testimony before issuing decisions on all unresolved matters. Litigation can be time-consuming and costly, and in many cases, you will be encouraged to resolve issues rather than proceeding to trial. However, a trial may be necessary if your divorce involves a high level of conflict or when significant assets are at stake.

Alternative Dispute Resolution

If you are looking for less adversarial methods to resolve the issues in your divorce, alternative dispute resolution (ADR) may be used to reach agreements. The options available may include:

• Collaborative Divorce: This method involves the negotiation of a divorce settlement, but you, your spouse, and your respective attorneys will sign an agreement in which you commit to discussing your issues, providing any information that is requested, and working to reach agreements without the need for court involvement. If the process breaks down, the attorneys must withdraw from the case, and you and your spouse may proceed with litigation after you each find new attorneys to represent you.
• Mediation: You and your spouse may work together with a mediator to reach voluntary agreements on the outstanding issues in your case. During this process, open communication will be encouraged, and you will need to agree on all terms of your divorce settlement. This can give you more control over the outcome of your case while helping to promote cooperation going forward.

Division of Marital Property

As you proceed with your divorce, you and your spouse will need to determine how your marital property will be divided. All assets and debts that were acquired by either party while you were married will be considered marital property. While you will not be required to divide property equally, the final decisions should be fair to both parties.

As you proceed with the property division process, you may need to address assets such as:

• Your family home or other real estate property
• Family businesses or other business interests owned by either spouse
• Vehicles
• Personal belongings, including home furnishings and valuable items such as jewelry or collectibles
• Retirement accounts or pension benefits

Our attorneys can help you negotiate a settlement that will protect your financial interests and meet your needs. We can advise you on tax-related issues, complex financial matters involving investments, or how to address concerns about hidden assets or asset dissipation.

Spousal Maintenance (Alimony)

In some cases, one spouse may be entitled to financial support. Spousal support is meant to help a spouse who earns a lower income than their former partner address their financial needs and avoid a reduction in their standard of living. If there is a large difference between the income you earn and the income your spouse earns, or if one of you has been a stay-at-home parent, spousal maintenance may be awarded. Our lawyers can advise you on the factors that may be considered when determining whether spousal support is appropriate, and we will make sure any support awards are calculated correctly based on the guidelines in Illinois law.