McHenry, Illinois
Divorce Attorney
With such important decisions to be made, it is natural to feel conflicted. You feel frustrated, angry, and overwhelmed by the process and changes coming towards you.
That’s why it is so crucial that you retain local, experienced and compassionate attorneys who listen to you and aggressively fight for your rights and needs.
Learn more below about the ways in which Diamond Divorce Law can help you through this complicated time.
Divorce Proceedings in Illinois
Like many other states, Illinois is a no-fault state for divorce. This means that to get a divorce, the judge in your case only needs to find that the reason for the breakdown of the marriage is due to “irreconcilable differences.”
But there still are many factors for the court to consider. For example:
- The judge also needs to find that efforts to fix the marriage have failed (or that these attempts would not be in the best interests of the family).
- Additionally, in order to file for divorce in Illinois, at least one spouse must be a resident of the state for at least 90 days prior to filing for divorce.
- There are filing fees for divorce in Illinois, although these fees differ by county.
If a spouse meets the residency requirements and grounds for divorce, they can then file divorce papers and have a copy sent to their partner.
This is where the potential for contention begins. If your spouse disagrees with something in your divorce filings, or your settlement proposal, the two of you could either work on a settlement or have a series of court appearances to address the contested issues.
Sometimes the contested issues are small, such as who gets the dog, or large, such as dividing up the equity in the house or the funds in the retirement account. Other times, the spouses work together to file a joint simplified divorce, which is a specific type of uncontested divorce.
Contentious Divorce Cases
Whenever possible, we encourage our clients to cooperate with their former spouse and try to work out a settlement.
Simply put, dissolution of marriage in many cases is similar to the dissolution of any other partnership. What do we mean by this?
- First, there needs to be a complete disclosure of all matters.
- Next, there needs to be a proposed settlement.
These negotiations can take up a lot of time and drag out the legal process. While litigation involves a dispute between parties, we always encourage cooperation and communication when possible. With cooperation and communication, we can get the results you want more quickly and with less expense.
These negotiations usually include things like:
- Division of property (real estate, investments, money)
- Division of debts
- Maintenance (also known as alimony or spousal support)
- Parental responsibilities and parenting time arrangements
- Child support
Sometimes, peaceful negotiation isn’t enough. If you can not reach an agreement, the case will go to trial. When your case calls for aggressive representation of your rights, you need lawyers who will passionately defend your interests and who have intimate knowledge of the court system in McHenry and Lake Counties.
Why Choose Diamond Divorce Law?
Sorting through the complex and critical issues can be painful and intimate. Your attorney is your ally, friend, and legal advocate, and selecting the right lawyer will make a world of difference in the outcome of your divorce.
At Diamond Divorce Law, we provide you with the guidance and support needed to resolve divorce issues using our decades of family law experience. Communication is an art, and we take the time to really listen to what you have to say. We will ask you about your personal and financial goals and help you create a plan to achieve them, while protecting your rights and interests along the way.
Our legal team includes family lawyers who are skilled in both litigation and negotiation, Illinois divorce law, and trial law. From simple uncontested matters to complex cases that are headed to the courtroom, our attorneys are ready to serve you and get you the closure you are looking for.
We know that divorce and child custody issues can be overwhelming -- sometimes you don’t know where to start and it can be hard to see a path forward.
There are a million different ways people can lose money during a divorce. At Diamond Divorce Law, we listen, we return phone calls, and our entire team is here to help make sure each and every client gets the support and resources they deserve.
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