Oak Brook Family Law Attorney

When you are going through a family law issue, you deserve to have an experienced and compassionate advocate on your side. The Oak brook family law attorneys at the Law Offices of George M. Sanders, P.C. handle many different types of family law matters, no matter how major or minor. Examples of the types of cases we regularly handle include but are not limited to:

• Divorce;
• Spousal maintenance;
• Child custody, or the allocation of parental responsibilities;
• Child support;
• Premarital agreements;
• Postnuptial agreements;
• Domestic violence and orders of protection; and
• Modifications.

What is the Process for Getting Divorced in Oak Brook?

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the process of filing for divorce begins when one party files a petition for the dissolution of marriage. Illinois is a no-fault state, which means you can only file for divorce on the no-fault grounds of “irreconcilable differences.”

Property Division in Oak Brook

In a divorce, all marital property is divided in a manner that is equitable to both parties. To determine what is fair, or equitable, the court takes into account many different factors. Ultimately, what is equitable is based on the specific facts of the marriage.

Property that is not divisible is known as separate property or “non-marital property,” and is defined by the statute as follows:

• Property acquired before the marriage;
• Property acquired after a judgment of separation;
• Inherited property specifically inherited by only one spouse during the marriage;
• Gift acquired by only one of the spouses during the marriage; and/or
• Property specifically identified as non-marital property in a premarital agreement or in a postnuptial agreement.

Commingled property, or separate property mixed with marital property, can present a number of complications. For instance, if one of the parties uses separate assets to pay for repairs on the marital home, or if one of the spouses begins depositing marital assets into a bank account that previously contained separate property, it can be difficult to properly classify marital and non-marital property. A family lawyer in Long Grove can speak with you about property division in more detail and can assist with your case.

Allocation of Parental Responsibilities in Oak Brook

Many family law matters involve children. Illinois courts no longer award legal and physical child custody or visitation, but instead allocate parental responsibilities. Parental responsibilities include both important decision-making responsibilities for the child (previously known as legal custody), as well as caretaking functions (previously known as physical custody and visitation).

How does the court determine how parental responsibilities should be allocated? It takes into account many different factors, such as the mental and physical health of the parties, as well as the child’s wishes in some cases. Ultimately, the court allocates parental responsibilities based on what is in the child’s best interests. In situations where custody is not disputed, the parents can develop a “parenting agreement” in which they allocate parental responsibilities.

Seek Advice from a Family Lawyer in Oak Brook, Illinois

When you need help with a family law matter in Illinois, an experienced Oak Brook family lawyer can assist with your case. Contact the Law Offices of George M. Sanders, P.C. to speak with an advocate today.