Rolling Meadows Divorce & Family Lawyers

Family law issues are known to be one of the most contentious and challenging matters to resolve. The strong connection and deep emotional ties within a family can lead to tense situations when going through a divorce or dealing with other family law issues. It is understandable that it is a difficult time in your life and you may be confused about a lot of things. You need to gather as much reliable information as you can get to develop a complete understanding of how dissolving your marriage will affect you and your family.

The Law Office of Fedor Kozlov, P.C. has been handling family law cases for more than 15 years and knows the challenges couples face during the divorce process. We believe that every case is unique and a result of a distinct set of circumstances. We work closely with you to evaluate all aspects of your case and come up with the most practical and reasonable legal solution that suits your specific needs and goals. We know the legal system can take a toll on a family, and strive to resolve all issues in an efficient and cost-effective manner, allowing you to start a new life without severing ties with your family.

Frequently Asked Questions About Divorce In Illinois

What are the grounds for divorce in Illinois?

In Illinois, divorce operates under a no-fault system, which simplifies the process for couples looking to end their marriage. The sole ground for divorce is the presence of irreconcilable differences, a term that signifies the marriage has fundamentally and irrevocably broken down, leaving no hope for reconciliation. Importantly, there is no requirement to provide evidence of wrongdoing, such as infidelity or abuse.

If both spouses are in agreement regarding the divorce, they can expedite the process without a required separation period. However, if one spouse is opposed to the divorce, the court may require that the couple has lived apart for a minimum of six months to establish the breakdown of the marriage.

What are the residency requirements?

Before you can file for divorce in Illinois, it’s essential that at least one spouse has resided in the state for at least 90 days leading up to the filing. This residency requirement ensures that the court has jurisdiction over the case. The divorce proceedings must be initiated in the circuit court of the county where either spouse currently resides, allowing the court to address local laws and regulations.

How is property divided?

Illinois adheres to the principle of equitable distribution when it comes to dividing property during a divorce. This means that marital property is divided in a manner that is fair, though not necessarily equal. Marital property generally encompasses assets acquired during the marriage—these can include wages, real estate, retirement accounts, and debts incurred together. In contrast, non-marital property, which consists of assets such as inheritances, gifts received, or property acquired before the marriage, is typically excluded from the division process.

What happens to retirement accounts and pensions?

Retirement accounts and pensions accumulated during the marriage are classified as marital property and are subject to division. This division often involves a Qualified Domestic Relations Order (QDRO), a legal document that outlines how these assets will be divided between the spouses. The court may award a specific portion of the retirement funds to each spouse or may offset the value of those accounts with other marital assets to ensure a fair settlement.

Can I receive spousal support?

Spousal support, commonly referred to as maintenance or alimony, may be awarded to one spouse based on a variety of factors. These include the income levels and financial needs of each spouse, the length of the marriage, the standard of living enjoyed during the marriage, and each spouse’s age, health, and ability to earn a living. For couples whose combined annual income is under $500,000, Illinois uses a statutory formula to guide the calculation of spousal support. However, the court retains the discretion to deviate from this formula in more complex cases, taking into account unique circumstances.

How are child custody and support handled?

In place of the traditional terms of child custody, Illinois employs the terms “allocation of parental responsibilities” and “parenting time.” The court’s primary concern in these matters is the best interests of the child. When determining how parenting responsibilities and schedules will be allocated, the court considers various factors, ensuring that both parents can maintain meaningful relationships with their children. Child support is determined using the Income Shares Model, which factors in both parents’ incomes and the amount of time each parent spends with the child, aiming for a fair distribution that meets the child’s needs.

What if we agree on everything?

When both spouses reach a mutual agreement on all pivotal issues—such as the division of property, spousal support, and parenting arrangements—the divorce can be processed as uncontested. This approach is generally quicker and less financially burdensome than a contested divorce. The court will review the agreement to ensure it prioritizes fairness and considers the best interests of any children involved, ultimately facilitating a smoother transition for all parties.

How long does divorce take in Illinois?

The duration of the divorce process in Illinois can significantly vary depending on the complexity of the case and whether it is contested. An uncontested divorce, in which both parties are in full agreement, may be finalized in as little as 2 to 6 months. Conversely, contested cases, especially those that involve drawn-out disputes regarding children or significant assets, can extend for 12 months or longer. Various factors, such as court schedules, discovery processes, and negotiations between the parties, may cause additional delays.

Do I need a lawyer?

While it is not a legal requirement to hire an attorney for divorce proceedings in Illinois, it is highly advisable, particularly in cases involving children, property, or support arrangements. A skilled attorney can provide invaluable assistance by protecting your rights, drafting enforceable agreements, guiding you through court procedures, and effectively negotiating settlements on your behalf. There are innumerable nightmare stories of people attempting to go through divorce without an attorney. It’s definitely a prudent idea to retain a qualified Illinois family law attorney.

Can we use mediation?

Yes, mediation is a highly encouraged option in Illinois, especially for resolving disputes related to parenting. Through mediation, a neutral third party facilitates discussions between the spouses, helping them work towards mutually agreeable solutions outside of the traditional courtroom setting. This approach can significantly reduce conflict, minimize costs, and often lead to more satisfying and sustainable outcomes for both parties, particularly in matters involving children.

Why Choose Our Rolling Meadow Family Law Attorneys?

At the Law Office of Fedor Kozlov, P.C., our Rolling Meadow attorneys offer personal, prompt, and professional service. We attentively listen to you, encourage you to share as many details about your situation, and give you a realistic assessment of what you can expect from your case. Resolving family law matters requires considerable legal skills and a compassionate approach, as such matters often involve complex disputes and strong emotions. At our law firm, we dedicate time to get to know you and your goals. We tailor our services and counsel based on your specific circumstances in order to provide aggressive legal representation in negotiations and litigation.

Our Rolling Meadow Legal Services

Whether you are seeking legal services to file a divorce or resolve child support parental responsibilities issues, our family law attorneys are well-versed in Illinois laws and can provide skilled legal counsel for your case. Our legal practice covers the following areas of family law:

We strive to settle matters in the least contentious way possible through negotiations, which saves time, money, and hassle for everyone involved. However, if going to court is inevitable, we prepare for litigation and diligently represent your case to protect your rights and achieve a favorable outcome.

Aggressive, Dedicated, Friendly Family Law Attorneys In Rolling Meadows

Family law matters encompass several legal consequences when they break down or end. In such a situation, it is advisable to have an empathetic and experienced family law attorney by your side to navigate you through the harsh legal system and help you make informed choices that protect your best interests.

Contact the Law Office of Fedor Kozlov, P.C. today at 847.241.1299 to schedule a consultation with one of our experienced attorneys to evaluate your legal options.