Illinois Divorce Lawyer Serving Clients in LaGrange
Filing for divorce is often one of the most difficult decisions you will have to make, and it is a decision that comes with many different complex issues. When you file for divorce in LaGrange, Illinois, it is important to understand that your case will involve the distribution of marital property, and depending upon the specific circumstances of your case, it may also involve spousal maintenance, child custody or the allocation of parental responsibilities, and child support. These are all complicated areas of divorce law, and it is important to have an experienced LaGrange divorce lawyer on your side throughout the process.
An attorney at the law offices of M. Scott Gordon & Associates will help you to understand how the Illinois Marriage and Dissolution of Marriage Act (IMDMA), as well as other relevant laws, will apply to your case, and we will advocate for your rights every step of the way.
Divorce Issues We Handle for Clients in LaGrange
Our LaGrange divorce team handles a wide variety of issues in divorce cases, including but not limited to:
- Filing for divorce;
- Complex property division;
- Spousal maintenance;
- Child custody or the allocation of parental responsibilities;
- Parenting time;
- Parenting plans;
- Child support; and
Filing for Divorce in LaGrange
Under the IMDMA, the process of filing for divorce is relatively straightforward. The party who wants to file for divorce will file a petition for the dissolution of marriage. Under Illinois law, there is no longer such thing as fault-based divorce. Instead, Illinois divorce is entirely a “no fault” system, which means that the party who files for divorce only needs to assert that “irreconcilable differences have caused the irretrievable breakdown of the marriage.” To grant the divorce, the court only then must find that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”
What does a party need to present in order to prove irreconcilable differences? As long as the married couple has been living separate and apart for at least six months, there is a presumption of irreconcilable differences and no other evidence is necessary.
LaGrange Property Division
In LaGrange, Illinois, marital property is divided according to a theory known as “equitable distribution.” This means that any marital property, which includes both assets from the marriage as well as debts from the marriage, will be distributed to or divided between the parties in a manner that is fair but not necessarily equal. Non-marital property, which is also known as separate property, is not divisible. In some cases, spouses may be able to negotiate a property settlement with the assistance of a LaGrange divorce lawyer.
Seek Advice from a Divorce Attorney in LaGrange, Illinois
If you are contemplating divorce, an experienced advocate in LaGrange, Illinois can assist with your case. Contact M. Scott Gordon & Associates for more information and to schedule a consultation with our LaGrange divorce lawyers.