Hoffman Estates Family Lawyers

Most clients who visit our Hoffman Estates family lawyers to discuss a family dispute and seek legal assistance have never had to deal with a legal matter before. As a result, in addition to the emotional distress caused by a traumatic experience like divorce, they are required to cope with the fear and anxiety of going to court as well.

To provide them emotional and legal support in such a challenging situation, the Law Office of Fedor Kozlov, P.C. provides specialized legal assistance for a wide range of family law issues. Our experienced Hoffman Estates family law attorneys listen to your needs and concerns and represent your case in a professional, collaborative, and dignified manner.

Trusted Family Law Attorneys for Divorce in Hoffman Estates

Are you looking for an experienced and supportive family law attorney to represent your rights? Or maybe you need legal advice regarding post-separation support? At the Law Office of Fedor Kozlov, P.C., we understand that the matters related to divorce, child custody, or alimony are some of the most complicated and overwhelming legal matters that you will ever face in your life. Therefore, we go the extra mile to ensure a quick and complete resolution of the dispute and restore peace in your life.

Our experienced family law attorneys can provide you legal assistance on the following aspects of family law:

Frequently Asked Questions About Divorce In Illinois

What are the legal grounds for divorce in Illinois?

Illinois operates under a no-fault divorce policy, which means that the only requirement for filing is to cite “irreconcilable differences.” This term indicates that the marriage has irretrievably broken down, making it impossible for the couple to reconcile. If both spouses are in agreement about the divorce, the court has the discretion to waive the mandatory six-month separation period that typically applies. It is important to note that fault-based grounds, such as adultery or cruelty, are no longer recognized in Illinois law.

How do I file for divorce in Illinois?

The divorce process begins when one spouse files a legal document known as a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. Once filed, the other spouse must be formally served with the petition and will have the opportunity to respond to it. The divorce process may involve various stages, including obtaining temporary orders, engaging in discovery (the process of gathering evidence), negotiating potential settlements, and finally, attending a conclusive court hearing.

Is there a residency requirement?

Yes, there is a residency requirement in Illinois. At least one of the spouses must have established residency in the state for a minimum of 90 days prior to filing for divorce. This requirement is in place to ensure that the court has proper jurisdiction to hear the case and make binding decisions regarding the dissolution of the marriage.

How long does a divorce take?

The duration of a divorce can vary significantly depending on several factors. Uncontested divorces, where both parties are in agreement on all terms—including matters related to property division and child custody—can often be resolved in just a few months. Conversely, contested divorces, which involve disagreements over critical issues such as child custody, property division, or spousal support, may take a year or more to conclude. Various elements, including court scheduling, the complexity of assets involved, and the level of cooperation between the parties, can all influence the overall timeline of the divorce process.

Do I need a lawyer to get divorced?

While hiring an attorney is not a legal obligation in Illinois, it is highly advisable, particularly in cases involving children, shared property, or disputes about spousal support. Navigating the complexities of divorce law can be daunting, and having a knowledgeable attorney can provide you with valuable guidance and ensure that your rights are protected. Illinois courts do offer self-help resources, but the intricacies of the legal system can be challenging to manage without professional support.

How is property divided?

In Illinois, the division of marital property follows the principle of “equitable distribution.” This means that marital assets, which include income, real estate, retirement accounts, and debts incurred during the marriage, are divided in a manner that is fair but not necessarily equal. Non-marital property—such as inheritances or assets owned prior to the marriage—may be excluded from this division if proper documentation supports its classification.

What about spousal support (alimony)?

Spousal maintenance, commonly referred to as alimony, may be awarded in situations where there is a significant difference in income between the spouses. The court takes into account various factors, including the length of the marriage, each spouse’s health, and their earning capacity, when determining whether to grant maintenance. Illinois utilizes statutory guidelines to assist in calculating the amount of support, although courts have the flexibility to deviate from these guidelines if there are compelling reasons to do so. The type of maintenance awarded can vary, including temporary, fixed-term, or indefinite support, depending on the situation.

How is child custody handled?

In Illinois, the legal terminology has shifted from “custody” to “allocation of parental responsibilities,” reflecting a more nuanced understanding of parental roles. Courts prioritize the best interests of the child in determining how responsibilities and decisions are shared between parents. Factors considered include each parent’s level of involvement in the child’s life, the stability of the home environment, and, when appropriate, the child’s own preferences. The allocation of parenting time and decision-making authority is formalized in a Parenting Plan, which must be approved by the court.

Can child support be ordered during divorce?

Yes, child support can be ordered as part of the divorce proceedings. In Illinois, child support calculations follow the income shares model, which takes into account both parents’ incomes and the amount of time each parent spends with the child. In addition to basic support, the court may also order contributions for health insurance, childcare costs, and extracurricular activities. Importantly, child support orders can be modified after the divorce is finalized if circumstances change, such as a change in income or living situation.

Can we use mediation or collaborative divorce?

Yes, Illinois encourages the use of alternative dispute resolution methods, such as mediation and collaborative divorce, to help couples navigate their divorce with less conflict and lower costs. Mediation is often mandated in custody disputes, where a neutral mediator helps the parents reach an agreement in a more amicable environment. Collaborative divorce allows both parties to work with their respective attorneys and neutral professionals to develop a mutually acceptable settlement outside of the traditional courtroom setting, facilitating a more cooperative approach to resolving differences.

Experienced and Reliable Legal Representation That You Need

At the Law Office of Fedor Kozlov, P.C., we know what is at stake when you are facing a legal dispute involving your family members or a divorce. Therefore, we dedicate ourselves to each case we represent, working tirelessly to achieve your desired outcomes.

The team of experienced family law attorneys at the Law Office of Fedor Kozlov, P.C. strives to minimize the distress associated with divorce or any other family dispute and make the resolution process more efficient and amicable. When court action is required, we make sure that your interests and rights are represented in the best possible manner. Our aggressive yet professional attorneys use their experience and expertise to negotiate a positive result for you and your loved ones.

We ensure effective communication throughout the process, offering you complete visibility of the resolution process and allowing you an opportunity to communicate your concern and feedback. Our attorneys provide you the superior-quality personalized legal assistance that’s based on your unique circumstances. Using this customized approach and our in-depth experience, we achieve the best possible results for each client in accordance with Illinois law.

Call 847.247.1299 now to schedule a consultation with our Hoffman Estates family law attorneys. If you prefer to contact us via email, please complete this form and we will get back to you as soon as possible.