Best Family Law Attorneys in Saint Charles, IL

Divorce is highly emotional. Sometimes somebody might not be prepared for divorce when their spouse files the case. The person who files the case typically has had years to work through their grief, and by the time of filing, they are ready to move on. The other spouse, in contrast, may be emotionally unprepared and may reflexively want to contest the divorce. But Illinois law does not allow you to contest the divorce if you and your spouse are separated for at least six months. And separation does not necessarily mean living in two homes; rather, it contemplates an emotional separation.

A legal separation is a formal court proceeding in which the court grants a decree for legal separation. A legal separation allows people to enter orders allocating their income, assets, and debts, and live as if they are not married, without divorcing.

The Illinois Code of Professional Conduct prohibits an attorney from representing both parties in a divorce. Due to the nature of a divorce, and the division of assets, there would inherently be a conflict of interest. An attorney can represent one party in the divorce case without the other spouse obtaining an attorney; however, significant and complex issues may arise during a divorce proceeding. We believe both spouses should have representation to resolve these issues correctly.

Despite the typical portrayal of divorces being unpleasant and prolonged legal battles, there are instances where parties can reach a settlement between themselves. Even when both parties are represented by counsel, nothing prohibits you from speaking to your spouse to settle the case. However, suppose your history with your spouse consists of following their every direction; in that case, settlement in this way can lead to dangerous results, especially if your spouse attempts to prevent you from reviewing the agreement with an attorney. Regardless of your relationship with your spouse, you should always seek attorney review of any settlement agreement reached before signing any documents.

Illinois law calculates maintenance by subtracting 25% of the net income of the spouse with lower income, from 33 and 1/3% of the net income of the higher-earning spouse. In any event, the spouse receiving income may not receive an award of maintenance that exceeds 40% of the combined net income of both spouses.