Serving Family Law Clients in DuPage and Kane Counties
Choosing the right divorce lawyer can be confusing. Most people seeking representation in a divorce case have little or no experience with the legal system. To make matters worse, the end of a marriage is stressful on an emotional and practical level, so it’s easy to get overwhelmed. Unfortunately, that combination of factors leads many people to cut corners in the selection of a divorce law firm, defaulting to a referral or an attorney they used before in a different context.
When your financial future, arrangements for your children, and other critical areas of life are on the line, you want the best attorney for the job at hand. Peskind Law Firm is dedicated to providing high-quality, comprehensive services that go above and beyond the norm.
About the Peskind Law Firm
At Peskind Law Firm, we understand that divorce is multi-faceted and that our clients need support and guidance in many areas, not just navigating the court system. We have created a unique divorce law firm that allows us to provide comprehensive services to our divorce clients. In addition to attorneys and legal support staff focused exclusively on family law issues, we employ a Certified Divorce Coach and a Certified Public Accountant (CPA) to assist with issues such as post-divorce planning, goal-setting, and analysis of suspect financial records.
We are committed not just to obtaining the best possible legal outcome for you, but also to reducing stress, providing information, and helping you prepare to move forward after divorce. If you’re ready to take control of the process and begin building your future, call 630-444-0701 or fill out the contact form to the right and one of our associates will get back with you shortly.
Oak Brook Divorce FAQs
Your divorce case, your goals, and the best approach for you are unique. There’s no one-size-fits-all solution for divorcing couples. However, people tend to look for certain basic information when they’re considering divorce: information about custody, property division, retirement accounts, and what to do if your spouse isn’t playing fair.
The questions and answers below will give you a general overview of what you can expect from the Illinois divorce process. For more in-depth and personalized answers and information, schedule a consultation with one of our experienced divorce lawyers.
How does a DuPage County court divide property in a divorce case?
Illinois is an equitable distribution state, which simply means that the court seeks to divide debts and assets in the manner that is most fair. Although this sometimes results in a 50/50 split—or something close to it—equitable doesn’t necessarily mean equal. Rather, the court considers many factors in determining what a fair distribution might look like. Some key factors include:
- Contributions of each spouse (financial or otherwise)
- How long the couple was married
- Whether the parties have a similar or disparate earning capacity
- Whether spousal support was awarded
- Living arrangements for minor children
- Whether either party dissipated marital assets
- The terms of any pre-nuptial or post-nuptial agreement
Retirement accounts, however, are divided differently. Each spouse is typically entitled to 50% of retirement account accruals during the marriage.
How can I be sure that my spouse is disclosing all of his or her income and assets?
At Peskind Law Firm, we aggressively work to ensure that we have the accurate financial information and that we can demonstrate the full value of the marital estate and the other spouse’s income. This process typically begins with the information a client provides, along with responses and documentation that we obtain during the discovery process.
However, if we are not confident that we have complete and accurate information at that point, we have the resources and experience to investigate further. We even have a Certified Public Accountant (CPA) on staff to analyze financial records for discrepancies and inconsistencies.
How is child custody determined in Illinois?
Illinois law has replaced the traditional “custody and visitation” system with the allocation of parenting time and decision-making authority. The goal of the court in allocating parenting time and decision-making authority is to serve the best interests of the child or children. The court may consider any factor that affects the best interests of the children, including several factors specifically set forth in the statute. These include:
- The preferences of both parents
- The level of cooperation between the parents with regard to the children
- Whether each parent will encourage a positive relationship between the other parent and the child or children
- The degree to which each parent has been involved in caretaking and decision-making in the past
- Relationships between the children and parents, siblings, and others
- The physical and psychological health of all concerned
- Any history of or known potential for violence
Is the court required to follow the terms of a pre-nuptial agreement?
Generally, a pre-nuptial or post-nuptial agreement is binding as to both parties, and a court will follow its terms. However, like any contract, a pre-nuptial or post-nuptial agreement is not valid unless it was executed voluntarily. If either party shows that he or she did not voluntarily agree to the terms of the agreement, the court may set it aside.
The court may also enter an order outside the terms of a pre-nuptial or post-nuptial agreement if:
- There are circumstances in play that were not contemplated at the time of execution, and
- Due to those circumstances, enforcing the terms of the agreement would subject one spouse to hardship
The Power of Having an Experienced Oak Brook Divorce Lawyer on Your Side
The divorce process can be daunting under the best of circumstances and is even more difficult when you’re facing a fight over custody of your children, a spouse who is dishonest about income or may be concealing assets, or other high-stress issues.
When you retain Peskind Law Firm, your attorney and our entire legal team commit to helping you secure your future and move forward with confidence. You can schedule a consultation today by calling 630-444-0701.
Have a question?