Aurora Divorce Lawyer

Aurora Divorce Attorney

Getting a divorce can feel like an incredibly overwhelming, discouraging, and isolating endeavor, but with the help of an Aurora divorce lawyer, you can get the clarity you need and the results you want without getting lost in the complexities of divorce laws.

Schaffer Family Law, Ltd., can help you with your divorce case. With deep insight and knowledge of family law matters, our legal team can compassionately guide you every step of the way, assisting you in achieving the outcomes you want.

How To Get Divorced in Illinois

According to the Centers for Disease Control and Prevention, there were 673,989 divorces and annulments in the United States in 2022 alone. In that same year, Illinois had a divorce rate of 12.03, which is lower than the national average of 14.56. If you are looking to get divorced, an Aurora divorce lawyer can help.

Filing a Petition for Divorce

In Illinois, the statutory term for divorce is dissolution of marriage. There are two different starting points from which the dissolution process can begin: uncontested and contested. When your divorce is uncontested, it means that you and your spouse have agreed on all terms to end your marriage. Contested divorces occur when spouses disagree on one or more terms of a divorce agreement.

The first step every person must take to work toward getting a divorce is to file a Petition for Dissolution of Marriage with your local circuit court. Your petition should outline the reason(s) for the divorce, your and your spouse’s assets and debts, and whether or not there are children whose custodial and financial needs will need to be agreed upon during the divorce proceedings

Serving Your Spouse With the Proper Documents

You are legally required to notify your spouse of your intention to divorce them by serving them with your Petition for Dissolution of Marriage.

If you are worried about your safety and/or how they may respond, you can serve them this notice through your lawyer, local law enforcement, or, if your spouse’s location is unknown, through your local newspaper.

Partaking in the Legal Proceedings

This step is where you may start to notice a significant difference in the level of complexity displayed by contested versus uncontested divorces. Uncontested divorces can prove to be incredibly simple.

Usually, when a couple is already in agreement about their divorce, it can prove less difficult for them to reach further agreements about the other aspects of their case. Still, hiring an Aurora divorce attorney can be very helpful when it comes to drafting legal documents and understanding the steps you will need to take.

Contested divorces, however, often continue to be more complicated. Couples may be unable to agree outside of the courthouse, needing to involve a judge to accomplish the necessary steps required to finalize a divorce. Family law cases in Aurora are often resolved in the Kane County Branch Courthouse, the Kane County Judicial Center, or the Aurora Branch Court​.

Once you have completed these steps, you will await the judge’s final ruling, when they will issue a decree that outlines all of the issues that either the court or you and your spouse decided on, including property division, child custody and support, and spousal support.

Some Additional Aspects to Consider

Divorce involves more than ending your marriage. It requires you, your spouse, and any other parties involved to make additional decisions about things like property division, child custody and support, and spousal support.

• Property and debt division: Unlike some other states, Illinois is not a 50/50 division law state, choosing the equitable distribution process instead. This means that all of the property, assets, and debt that you and your spouse acquired for the duration of your marriage will be divided fairly, but not necessarily equally.
• Child custody and support: The Illinois court system will do what it can to set up a custody and support system that is in the best interest of your child. You will need to come to an agreement with your spouse regarding whether or not you share legal and/or physical custody of your child, as well as how child support will be provided.
• Spousal maintenance: While it is not a guaranteed element of divorce, some spouses are awarded spousal support by the court.

Why Should I Hire a Divorce Lawyer in Aurora, Illinois?

There are many reasons a person may choose to hire a divorce lawyer, including the need to pursue clarity and guidance in the complex world of family law. Having a divorce lawyer walking alongside you can prove to be exactly what you need to keep your case moving in a productive direction.

FAQs

How Much Does It Cost to Hire a Divorce Lawyer?

The final cost of hiring a divorce attorney tends to vary case by case in the state of Illinois, and is often influenced by things like how long your case takes to resolve and how complicated it proves to be. For example, a contested divorce case may result in a higher cost than an uncontested one due to the extra difficulty and time it requires.

Is Spousal Support Guaranteed in a Divorce Case?

No, spousal support is not guaranteed in a divorce case. The amount and the timeline it must be sustained are also unique to every divorce case. Some individuals will not receive any spousal support, while others will. Some cases rule that an individual will be granted support to afford the costs of the trial, while others will extend beyond that window.

When It Comes to Property Division in a Divorce Case, Is Illinois a 50/50 State?

The state of Illinois is not a 50/50 division state, meaning that you will not be guaranteed half of everything you and your spouse acquired during the length of your marriage, but rather the judge will focus on distributing your property, debts, and assets fairly. A divorce lawyer can help you advocate for your preferences and rights.

How Long Does It Take for a Divorce Case to Be Finalized?

The amount of time it takes for a divorce case to be finalized depends on the specific case. Most divorce cases in Illinois follow their own unique timeline. This can be impacted by how complicated they are, whether or not outside involvement is needed, and how busy the local court system happens to be during the scheduling and waiting periods of your divorce. Hiring Schaffer Family Law, Ltd., can help you keep your case on schedule by avoiding setbacks.

Hire an Aurora Divorce Lawyer Today

You deserve to understand what comes next. Contact Schaffer Family Law, Ltd., to schedule a consultation and get the clarity you need today.