Serving Family Law Clients in and around DuPage County
Divorce is rarely pleasant. Even those who truly want to end their marriages and who cooperate reasonably well in the process generally encounter practical and emotional hurdles as they relocate, divide assets, and make arrangements regarding children. The divorce process becomes all the more taxing when your spouse isn’t playing fair. Issues such as misrepresentation of income, disappearing assets, and disputes over child custody and visitation complicate many Wheaton divorces.
When complex issues are in play and your financial security and relationship with your children are at stake, the quality of your legal team can make a critical difference. Attorney Steven M. Peskind has extensive experience with DuPage county divorce cases, and he understands that a divorce case is more than a technical legal proceeding.
Wheaton, Illinois Divorce Cases
Of course, every divorcing couple is different. Different people have different priorities, different points of conflict, and different types of assets and debts. Some have co-owned family businesses in the mix, while others have been single-income households. Some conflict over children, while others are childless or have grown children.
Despite these variations, the issues in a Wheaton divorce case typically fall into a handful of general areas. These include:
- Property division, including division of retirement accounts
- Liability for debts of the marriage
- Spousal support (often called “maintenance” or “alimony”)
- Allocation of parenting time (commonly referred to as “custody and visitation”)
- Decision-making rights with regard to minor children
- Child support
Often, the divorcing couple is able to resolve some of these issues by agreement, helping to streamline the process and reduce stress on the parties. However, some areas may require extensive investigation and the use of experts. For example, if you believe that your spouse has disposed of or hidden assets that should be marital property, or that your spouse is underreporting income to reduce child support or spousal support obligations, building an effective case on your behalf will be more complicated. That’s when a seasoned, knowledgeable advocate with access to qualified experts really makes a difference.
Why the Peskind Law Firm?
Many local attorneys are competent to draft divorce pleadings, manage deadlines and procedural requirements, and obtain a divorce decree. However, your goal isn’t just to get a divorce—it’s to obtain the best outcome possible for you and any children of the marriage.
The team at the Peskind Law Firm understands that successfully navigating a divorce proceeding requires knowledge of law, procedure, economics, property valuation, accounting, and more. Our attorneys and legal team are committed to supporting you and representing your interests at every stage of the proceedings, and to fighting for the best result possible for you. We even employ an in-house Certified Public Accountant (CPA) to provide expert financial analysis and reports.
Wheaton Divorce Q & A
Of course, you’ll have specific questions about DuPage county divorce and how your case is likely to play out. However, we’ve found that many people seeking a divorce or who have been served with divorce papers have certain core questions in common. For example:
What happens while my divorce case is pending?
Often, a couple has already separated or is in the process of separating when a divorce case is filed. This often leaves important issues unresolved—issues that may not be able to wait until the divorce is finalized. Some common examples include temporary care and support of children, temporary possession of the family home, and payment of debts during the pendency of the divorce.
On motion of either party, the DuPage county divorce court can hold a hearing and enter temporary orders on these and other issues. Or, the parties can agree on temporary arrangements and submit an agreement to the court for approval.
What happens to my property in a Wheaton divorce?
Marital property is divided “equitably” in Illinois. Although this often means a 50/50 split of assets acquired during the marriage, equitable division isn’t always equal division. Rather, the court will consider a variety of factors to determine what is fair to the parties in a particular divorce case.
- How long the parties were married
- The contributions of each spouse, including non-economic contributions
- The education, experience, and earning capacity of each spouse
- Considerations specific to each individual, such as age, health, and special needs
- How much time minor children spend in each parent’s home
- Any spousal support awarded to either spouse
- Whether either party has wasted or diverted assets
- Any pre-nuptial or post-nuptial agreement between the parties
What can I do if my spouse is hiding assets or lying about income?
Illinois law provides for discovery in divorce cases, which means that your attorney can request access to information about property, income, expenses, and much more. This information is provided and questions are answered under oath. So, a party who lies or withholds information can be sanctioned by the court or even, in rare circumstances, be charged with a crime.
However, the discovery process is just the beginning. When necessary, the Peskind Law Firm also employs other resources to uncover and analyze questionable financial data. Our staff accountant, Melissa Rister, puts her forensic accounting skills to work to identify discrepancies that help prove your spouse is concealing income or assets.
Can I keep my retirement account when I get divorced?
Retirement accounts are subject to division in a divorce case. Generally, each spouse is entitled to 50% of the value accrued during the marriage, but none of the funds that were in the account prior to the marriage. A divorcing spouse may also be entitled to a share of the other spouse’s pension benefits, but this varies depending on the pension plan and other specifics.
How is allocation of parenting time (formerly known as custody and visitation) determined?
Decisions regarding parenting time are always based on the best interests of the child or children. That means that even when the parties are able to reach an agreement, the parenting plan must be approved by the court. When the parties are unable to agree, the court will enter an order that serves the best interests of the children.
In making this determination, the court may consider a number of factors, such as the children’s relationships with parents and others, who has primarily been responsible for caring for the children in the past, the parents’ willingness and ability to cooperate and to encourage the child’s relationship with the other parent, the health (both physical and psychological) of everyone involved, and more.
Talk to an Experienced Wheaton Divorce Attorney as Soon as Possible
The sooner you get a seasoned advocate in your corner, the better opportunity your attorney will have to protect your assets and guide you successfully through the divorce process. Whether you’re just beginning to think about filing for divorce or your spouse has already commenced divorce proceedings, you owe it to yourself to talk with an experienced DuPage county divorce lawyer.
Set your mind at ease by scheduling a consultation right now. Just call the Peskind Law Firm at (630) 444-0701.
Have a question?