Hanauer Law is Here to Help

When it comes to legal disputes that affect the core of your family life, like division of property or determining spousal support, a caring approach combined with legal knowledge is invaluable. This is precisely who you will find at Hanauer Law in Illinois: adept attorneys working with you to comprehend your unique situation and set clear objectives. By employing a strategy tailored to your needs, whether through mediation or courtroom litigation, we’re here to help you feel confident in your path toward resolution and stability.

Divorce Laws in DuPage County

In Illinois, the divorce laws are designed to handle the dissolution of marriage fairly and equitably. You should be aware of two key concepts:

  • Residency Requirement: Before filing for divorce, you or your spouse must have lived in Illinois for at least 90 days preceding the filing for divorce.
  • Property Division: Illinois follows an "equitable distribution" approach. This means that marital property is not automatically split 50/50 but rather in a way that is fair and just, which may not always be equal.

Illinois is a "no-fault" state, which means the only ground for divorce is irreconcilable differences. If you and your spouse have lived apart for at least six months, an irrebuttable presumption is created that irreconcilable differences have arisen. Because being at fault is not a factor in granting a divorce, the process focuses on resolving issues instead of placing blame.

How to Get a Divorce in DuPage County

Filing for Divorce

To initiate a divorce in DuPage County, you must file a Petition for Dissolution of Marriage with the Circuit Court. Make sure to supply all necessary information, including grounds for the divorce which, Illinois being a no-fault state, would be an "irretrievable breakdown" of the marriage.

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Divorce Mediation and Litigation

Mediation is a process that involves a neutral third party to help you and your spouse reach an agreement on critical issues. Litigation becomes necessary when you cannot agree, leading to court intervention to settle disputes. When you choose Hanauer Law to represent you in your divorce, we’ll help you prepare for mediation as well as court appearances and the potential need to present evidence and witness testimony.

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Child Custody and Support

Determining child custody (otherwise known as parenting time) arrangements is critical. Illinois law focuses on the child's best interests, considering factors like:

  • The child's wishes
  • The parent's wishes
  • The child’s adjustment to home, school, and community

Under the “income-shares” model of calculating child support, it is calculated based on both parents' incomes, who pay for health insurance and the cost of same, and the amount of time the child spends with each parent (particularly the number of overnights).

Division of Assets and Debts

Asset and debt division during a DuPage County divorce adheres to the principles of "equitable distribution," which does not necessarily mean 50/50. Factors include the following:

  • Each spouse's contribution to asset accumulation
  • Each spouse's economic circumstances
  • Debts incurred during the marriage

Spousal Support and Maintenance

Spousal support, sometimes known as alimony or maintenance, isn't guaranteed. It depends on various factors, including:

  • Length of the marriage
  • The standard of living established during the marriage
  • Each spouse’s financial need and earning capacity

These decisions influence your financial future, so consider consulting with a knowledgeable divorce attorney to guide you through the complexities of the process. The professionals at Hanauer Law are well-equipped to help you get the assistance to which you're entitled.

Post-Divorce Considerations

Modifications of Divorce Decree

Occasionally, you may encounter significant life changes that necessitate revisions to your divorce decree. To modify child support, alimony, or custody arrangements, you must petition the court and may need to provide evidence of substantial changes in circumstances. Examples, without limitation, include income changes and relocation.

Enforcement of Orders

Ensuring all court orders are followed is critical for maintaining legal integrity post-divorce. Standard orders include child support, spousal maintenance, and custody or parenting time (visitation) schedules. If your ex-spouse is non-compliant, remedies include wage garnishment or contempt of court proceedings. Having a divorce lawyer you trust can make this process easier. 

Post-Divorce Financial Planning

Your financial landscape changes after a divorce, so a robust financial plan is vital to securing your long-term economic health. This includes:

  1. Retirement Accounts: Update beneficiaries and reassess your retirement goals.
  2. Estate Planning: Review and update your will. Designate new powers of attorney if needed.
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Why Choose Hanauer Law?

When facing family-law issues, having a skilled legal team is crucial. Hanauer Law offers that and more, with the necessary experience, keen insight, and legal acumen.

Our founder, Rob Hanauer, brings a unique combination of professionalism and compassion to the table. His approach is designed to make you feel comfortable while discussing the sensitive topic of divorce. With his background in business law, paralegal studies, and real-life experiences as a husband and father, Rob has developed a way to engage with clients which ensures they are at ease. The Hanauer Law team understands the challenges of discussing personal matters and emphasizes empathetic listening. We tailor our approach to the legal process to suit your individual needs and will fiercely protect your rights and interests should going to court be necessary.

Hanauer Law stands out by blending heartfelt client relations with a forceful presence in legal proceedings. When you choose us, you’ll engage with an effective attorney who genuinely cares about your peace of mind throughout the process. Contact us today to learn more about getting a Hanauer Law divorce attorney in DuPage County; we’re here to help.

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