Divorce Lawyers in Arlington Heights
The decision to dissolve your marriage, or the knowledge that your partner wants to get a divorce can be quite difficult. You know that everything in your life will change, and everyone involved in the process will suffer the consequences of this decision, especially your children. However, sometimes relationships do not work out and it is better for both spouses to end it and go on their separate ways. At the Law Office of Fedor Kozlov, P.C., we are here to assist you through this emotionally challenging time and help you make informed decisions regarding the issues related to the dissolution of marriage.
Whether you want to file for a divorce, need skilled counsel for negotiating different family law issues, or aggressive legal representation in court to protect your rights and interests, our Arlington Heights attorneys can help you. We provide you with the knowledge of the Illinois family laws and how they may affect your case and navigate you through the legal process for a better understanding of your situation.
Compassionate Arlington Heights Family Law & Divorce Lawyers
At the Law Office of Fedor Kozlov, P.C., we have over a decade of experience and intimate knowledge of the best ways to handle family law cases. We carefully listen to your goals and wishes, provide you with a realistic assessment, give honest answers to your questions, and keep you informed about the developments throughout the divorce process.
Our law firm covers a wide range of legal issues, including:
Our Arlington Heights attorneys are capable of handlinghigh net-worth divorces and complex allocation of parental responsibilities (formerly known as child custody) issues. We work with professionals to help you get a proper valuation of your sophisticated assets, such as stocks, retirement and investment accounts, and closely-held businesses. Moreover, we also assist in the valuation and division of complex marital property and make sure that it is subject to fair equitable distribution.
Our law firm believes that the best way to settle family law issues is through negotiation using alternative dispute resolution methods. However, sometimes, the gap in understanding is so wide that there is no choice but to take the matter to court and let the judge or jury make decisions for divorcing couples. In such situations, we build a strong case and provide vigorous representation to achieve the best possible outcome.
Frequently Asked Questions About Divorce In Illinois
What are the legal grounds for divorce in Illinois?
In Illinois, divorces are handled under a no-fault system, meaning that neither spouse is held responsible for the breakdown of the marriage. The sole ground for divorce is the presence of irreconcilable differences, which indicates that the marriage has deteriorated to a point where reconciliation is no longer possible. Unlike some states, there is no requirement to prove any misconduct, such as adultery or cruelty. If both spouses are in agreement about the divorce, they can proceed without any mandated period of separation. However, if one spouse opposes the divorce, the court may require evidence that the couple has been living apart for a minimum of six months, emphasizing the focus on the relationship’s irretrievable breakdown.
What are the residency requirements?
To initiate a divorce in Illinois, at least one spouse must have established residency in the state for at least 90 days immediately before filing the petition for divorce. The legal paperwork is submitted to the circuit court located in the county where either spouse currently resides, ensuring that jurisdiction is properly established.
How is property divided?
Illinois employs the principle of equitable distribution when dividing marital property during divorce proceedings. This means that assets acquired during the marriage, including income, real estate, retirement accounts, and debts, will be divided in a manner that is deemed fair, although it does not necessarily have to be an equal split. It is essential to understand that non-marital property—which encompasses inheritance, gifts, or assets acquired before the marriage—is generally excluded from this division, unless it has become intermingled with marital assets.
What happens to retirement accounts and pensions?
Retirement accounts and pensions that were earned during the course of the marriage fall under the category of marital property and can be subject to division through a legal process known as a
Qualified Domestic Relations Order (QDRO). This court order allows for the distribution of retirement benefits, and the court has the authority to allocate a specific portion of these accounts to each spouse or adjust their value against other assets to achieve a fair division.
Can I receive spousal support?
Spousal support, often referred to as maintenance or alimony, may be granted based on various factors, including the income and financial needs of each spouse, the length of the marriage, the standard of living established during the union, and the age, health, and employability of each party. Illinois has established a statutory formula for calculating spousal support for couples with a combined annual income of less than $500,000. However, judges retain the discretion to adjust this formula in cases that are complex or involve significant financial resources.
How are child custody and support determined?
In Illinois, the terminology surrounding custody has shifted to “
allocation of parental responsibilities” and “
parenting time.” The court places significant emphasis on what is in the best interests of the child when making decisions regarding parental authority and visitation schedules. Child support calculations are based on the Income Shares Model, which accounts for the income levels of both parents and the amount of time each parent spends with the child, ensuring that the child’s financial needs are met in a balanced manner.
What if we agree on everything?
If both spouses can come to a mutual agreement on all aspects of their divorce, including property division, support, and parenting arrangements, the divorce can be classified as uncontested. This streamlined process is typically quicker and less expensive than contested divorces. The court will conduct a review of the agreement to confirm that it is equitable and serves the best interests of any children involved, thus providing an added layer of protection for all parties.
How long does divorce take in Illinois?**
The timeframe for finalizing a divorce in Illinois can vary widely based on the complexity of the case and whether it is contested. For uncontested divorces—where both parties agree on the terms—the process may be completed in as little as 2 to 6 months. In contrast, contested divorces that involve disputes over child custody, support, or asset division may extend the process significantly, often taking 12 months or longer. Delays can arise from court scheduling issues, discovery processes, or ongoing negotiations, adding to the overall duration.
Do I need a lawyer?
While hiring a lawyer is not a legal requirement for divorce proceedings in Illinois, it is especially advisable for individuals dealing with children, property, or support issues. An experienced attorney can provide invaluable assistance by ensuring your rights are safeguarded, creating legally binding agreements, guiding you through court protocols, and negotiating favorable settlements. For those with limited financial means, organizations such as Prairie State Legal Services or Legal Aid Chicago may offer free legal aid options to ensure access to necessary legal support.
Can we use mediation?
Mediation is not only permitted but is actively encouraged in Illinois, especially for resolving parenting disputes. During mediation, a neutral third-party mediator facilitates discussions between the spouses, helping them to reach agreements without the need to go to court. This approach can significantly reduce conflict, lower legal expenses, and yield more sustainable agreements, ultimately promoting a more amicable resolution that is in the best interest of any children involved.
Friendly and Passionate Family Law Attorneys in Arlington Heights, Illinois
At the Law Office of Fedor Kozlov, P.C., we care about our clients and understand that they are going through a difficult phase in life. That is why we opt for a personalized approach and tailor our legal services to achieve favorable results. With our reliable and experienced Arlington Heights divorce attorneys, you can expect to get responsive and accessible representation during and after your case has been finalized.
Contact the Law Office of Fedor Kozlov, P.C. today at 847.241.1299 to schedule a consultation with one of our experienced Arlington Heights divorce attorneys to evaluate your legal options.
