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The legal landscape of divorce is intricate, and your rights and interests need vigorous protection, particularly in court. Rob Hanauer has shaped Hanauer Law into a team that genuinely personalizes your experience, fostering trust and confidence in your team and the outcomes achieved for our clients. Our firm is committed to delivering assertive representation while navigating these challenges, focusing on securing the most favorable outcome for your future. Whether negotiating settlements or advocating in trial, you can count on unwavering support every step of the way.

Understanding Divorce Law in Naperville

In Naperville, as in the rest of Illinois, you can file for divorce on the grounds that your marriage has suffered an "irretrievable breakdown." The Illinois Marriage and Dissolution of Marriage Act provides for no-fault divorces, departing from the prior fault-based grounds in 2016.

Typically, absent a waiver, you and your spouse must have lived separately (or be living together but not as husband and wife) for at least six months before the divorce can be finalized. The separation can be physical or simply an indication that the marital relationship is over, with any further attempts at reconciliation being futile. In a no-fault divorce, neither spouse is blamed for the failure of the marriage. The focus is on ensuring both parties can separate amicably without assigning blame.

Remember that even in a no-fault divorce, issues like child custody, division of assets, and support may be contested, and the court will decide based on what is equitable and in the children's best interests.

How to Get a Divorce in Naperville

Filing for Divorce

To initiate a divorce in Naperville or anywhere in Illinois, you or your spouse must have been an Illinois resident for at least 90 days preceding the filing of the divorce proceedings. You'll start by filing a Petition for Dissolution of Marriage with the DuPage County Circuit Court. Ensure that all forms are accurately completed and submitted. You may file on grounds of irreconcilable differences, which Illinois law permits.

Divorce Mediation and Litigation

You may be asked (or required by local rules) to engage in mediation if you and your spouse cannot agree on divorce terms. This involves a neutral third party to facilitate negotiations. If mediation is unsuccessful, the divorce will proceed to litigation, where a judge will decide any unresolved issues.

Child Custody and Support

Illinois law focuses on the child's best interests when determining custody (parenting time) arrangements. You and your spouse can agree on a parenting plan and submit it for the court's approval, or the court will decide. Child support is calculated based on both parents' incomes and the needs of the child, according to Illinois' statutory guidelines.

Division of Assets and Debts

The division of marital property in Naperville follows the equitable distribution method. Marital assets and debts must be divided fairly, though not necessarily equally. You will need to disclose all assets and debts for accurate division.

Spousal Support and Maintenance

You may be eligible for spousal support, also known as maintenance. It is determined by numerous factors, including each party's earning capacity and income and the length of the marriage. The court may grant temporary or permanent maintenance, depending on the circumstances of your case.

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Post-Divorce Considerations

After finalizing your divorce, it is critical to understand your post-divorce responsibilities and opportunities. Addressing these considerations can ensure your transition into post-divorce life is smooth and legally compliant.

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Modifications of Divorce Decree

You may find that circumstances change, requiring the modification of your original divorce decree. This can include alterations in child support, spousal support, or custody arrangements. 

To request a modification, you must file a petition with (usually) the court that issued the original order. The court will consider significant changes in circumstances before making any adjustments. Reasons for modification include the following:

  • Change in income
  • Relocation
  • Changes in children's needs

Enforcement of Orders

If your ex-spouse does not comply with the court's orders, you have legal avenues for enforcement. Examples of non-compliance include the following:

  • Failure to pay support
  • Not adhering to visitation schedules
  • Not transferring property as ordered
  • Failing to comply with the parenting plan
  • Failing to comply with the Marital Settlement Agreement

In such cases, you can file a motion to hold your ex-spouse in contempt of court. The enforcement process may involve the following:

  • Contempt petition
  • Wage garnishments
  • Property liens
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Post-Divorce Financial Planning

After divorce, your financial landscape has likely changed. While divorce agreements and judgments will typically revoke your ex-spouse as any designated beneficiary, it’s still important to update your financial plan to reflect your new status. This includes updating beneficiary designations on the following:

  • Retirement accounts
  • Insurance policies
  • Estate-planning documents
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Why Choose Hanauer Law?

At Hanauer Law, you’ll find a team dedicated to providing personalized and effective legal representation during your divorce. Our approach is designed to address your individual needs, ensuring a smoother process during a challenging time. With our extensive knowledge of family law, we give you the experience needed to navigate complex divorce proceedings.

More importantly, we understand the emotional nature of divorce and offer empathetic support to ease your stress. You can expect clear and consistent communication throughout your case as we empower you to make informed decisions about your future by providing comprehensive legal counsel.

Our dedication and thorough approach show our team's commitment to achieving the best possible outcome for our client: you. A divorce attorney in Naperville at Hanauer Law can be the steadfast guide you need through your divorce journey. Contact us today to schedule your consultation.

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