Naperville Divorce Attorney

Dedicated Divorce Lawyers for Clients in Naperville, Illinois

The emotional and logistical challenges of a divorce cannot be understated. If you and your spouse are going through a separation in Illinois, you might have questions about the division of assets, spousal support, and the delicate subject of child custody. A Naperville divorce attorney can help you navigate these complex problems, allowing for a smooth transition out of your married life.

Fawell & Fawell has been serving clients in family law matters since 1984. Our attorneys have litigated hundreds of cases throughout northwest Illinois, with a focus on compassion and reaching unique solutions per the needs of the client. When you work with our firm, you can rest assured that your interests will be protected during a divorce by qualified, compassionate legal professionals.

Property Division

When a married couple in Illinois separates, their shared assets have to go through the laborious process of property division in court. Often, the biggest challenge during property division is establishing the difference between marital and non-marital assets. Both terms have clear definitions:

• Marital property refers to items jointly owned between both spouses, usually acquired during the marriage. This may include the marital home, shared businesses, any vehicles, and bank accounts.
• Non-marital property refers to the individual assets owned by just one spouse, usually named in gifts or inheritance, or any property acquired before the marriage.

Not all property in a marriage is easily categorized. Non-marital property can become commingled under the same roof, and if one spouse contributes towards an asset like a house, he or she might have a claim to it.

The divorce courts in Illinois adhere to a legal philosophy of equitable distribution for property division. This means that your assets will be divided fairly, which may not always entail a 50/50 split. A judge will take the length of the marriage into account, as well as both spouses' earning potential and contributions, when making a final decision about the division of property.

Spousal Support

Spousal support, sometimes called alimony, refers to a series of court-ordered payments made from one spouse to another in a divorce. These payments are intended to help a spouse transition out of married life in the form of temporary, long-term, or even permanent financial support.

Not every divorce comes with an order of spousal support, however. Marriages lasting five years or longer are more likely to come with spousal support, as well as marriages where one spouse earned much more than the other. A judge will also make note of the couple's standard of living during the marriage before making an order of spousal support. Keep in mind that spousal support can be terminated early if the recipient spouse remarries or cohabitates with another partner who can provide financial support.

Child Custody

In Illinois, family law courts have two concerns regarding child custody: who the child will live with on a regular basis, and who will make important decisions for the child. In many cases, divorcing parents can split up these responsibilities in joint custody, with alternating parenting time schedules and control over different decisions. In other cases, however, sole custody with the other parent having visitation rights may be more appropriate. Generally, the courts prefer for both parents to be active in their child's life after a divorce, promoting a healthy upbringing.

Meet With a Compassionate Naperville, IL Divorce Attorney Today

The dissolution of a marriage comes with unique challenges, but with sound legal representation and counsel, you can move past them and carry on with your life with peace of mind. Our Naperville divorce attorneys can help you resolve pressing issues that emerge between you and your former spouse, providing practical, effective legal solutions that work in the long term. To schedule a free consultation, call Fawell & Fawell today at 630-871-2400 or contact us online.