Tag Archive for: DuPage County Divorce Lawyer

Navigating Civil Unions During Pride Month

June is known worldwide as Pride Month, a time when the LGBTQ+ community and its allies come together to advocate for a more inclusive future. As we celebrate Pride Month, we must recognize civil unions’ role in providing legal protection for same-sex couples.

Illinois became the first state to legalize civil unions on June 1, 2011. For many same-sex couples, civil unions represent the legal acknowledgment of their relationship, offering rights and responsibilities similar to those of marriage. However, navigating the legal complexities of civil unions can be challenging, especially in jurisdictions where LGBTQ+ rights are still evolving. In this blog, we will explore civil unions, dissolutions, and how a family law attorney can help. Here’s what you should know.

What Is A Civil Union?

Civil unions allow two adults of the same or opposite sex to enter a legally recognized relationship. Contrary to a common misconception, civil unions are not exclusive to same-sex couples. Same-sex and opposite-sex couples can enter into a civil union in Illinois. Partners entering a civil union are entitled to the same legal obligations, protections, and benefits that state law provides to married spouses, including:

  • Property rights.
  • Healthcare decisions.
  • Inheritance rights.
  • Access to family-related legal protections.

Civil unions help ensure that couples receive equal treatment and recognition under state law. Understanding the distinction between state and federal recognition is vital for couples considering a civil union. However, if you have entered a civil union with your partner but have decided to move on, you will need a civil union dissolution.

Understanding Civil Union Dissolution

In Illinois, the process of dissolving a civil union follows similar procedures to that of a traditional divorce. A party to a civil union may petition the Court to dissolve the civil union just as with the Dissolution of Marriage. You must draft a Petition to Dissolve a Civil Union alleging similar facts as in a Petition for Dissolution of Marriage and follow similar procedures below. Here is a closer look at the dissolution process and what a family law attorney can guide you through:

  1. File a Petition to Dissolve a Civil Union with the county circuit court clerk where it was granted.
  2. Provide the respondent with a copy of the petition and a summons, notifying them of the dissolution proceedings.
  3. Attempt to reach a settlement agreement through negotiation or mediation outside of Court.
  4. The case may proceed to trial if no settlement is reached or there are contested issues.
  5. The Court will issue a final judgment of dissolution.
  6. After dissolution, obtain a certified copy of the Dissolution of Civil Union records from the county circuit court clerk for legal documentation.

Consulting with a divorce attorney experienced in civil union law can help ensure that the process proceeds smoothly and that your rights are protected.

The Role of a Family Law Attorney

Establishing or dissolving a civil union can create unique challenges and legal complexities. At Masters Law Group, our attorneys provide professional legal representation for civil unions. Our attorneys have dedicated years and resources to understanding and fighting for LGBTQ+ rights. To showcase our experience, here are a few ways we can help:

  • Experienced Mediators: Erin E. Masters is approved as a Mediator for the Cook County Domestic Relations Division and offers private mediation services. The firm’s mediation counselors have extensive experience in family law and are skilled in facilitating productive discussions between divorcing spouses.
  • Experienced Litigators: Our attorneys meticulously prepare legal arguments, gather evidence, and strategically plan to help secure your most favorable outcome.
  • Conflict Resolution: Our divorce attorneys are well-rounded in conflict resolution. We focus on finding peaceful solutions for all parties involved, including their children.
  • Protecting Your Interests: Masters Law Group attorneys work to protect your legal rights and the best interests of you and your children.

LGBTQ+ individuals can benefit from accessing diverse community resources tailored to their needs, complementing the assistance a family law attorney provides. These resources offer emotional support, legal guidance, and connections within the LGBTQ+ community.

LGBTQ+ Community Resources

Chicago, Illinois, boasts a vibrant LGBTQ+ community with numerous resources dedicated to supporting individuals in civil unions. The Center on Halsted is a comprehensive LGBTQ+ community center offering various services, including legal clinics, counseling, and support groups.

The Howard Brown Health Center also provides LGBTQ+-affirming healthcare services, including primary care, mental health services, and special programs for transgender and non-binary individuals. 

The Illinois Safe Schools Alliance focuses on creating safe and inclusive environments for LGBTQ+ youth in schools through advocacy and education. These organizations are vital in providing support, resources, and community connections for individuals in civil unions.

Celebrating Pride Month With Masters Law Group

As we celebrate Pride Month, it’s essential to recognize the ongoing struggles of same-sex couples. Seeking the guidance of a knowledgeable family law attorney can help individuals navigate civil unions successfully.

At Masters Law Group, we provide professional and individualized legal representation for various family law concerns, including civil unions. Our firm has dedicated considerable time to becoming knowledgeable and up-to-date in this new area of family law. Whether you want to form a civil union or need a civil union dissolution, we will take the time to fully understand your situation and provide honest advice regarding your options.

Contact us today to schedule a consultation.

DuPage Divorce Lawyer

DuPage County boasts a supportive environment for businesses, a haven for families, and a hub for innovation. However, behind the suburban facade, troubled marriages and divorces persist. 

Despite the idyllic setting, many families face divorce’s emotional and legal challenges. If you’re navigating the complexities of divorce in DuPage County, Masters Law Group is here to help and support you through this difficult process.

Understanding Divorce

Divorce is a legal process that dissolves a marriage, ending the legal relationship between spouses. It involves various emotional, financial, and practical considerations. Understanding divorce requires acknowledging its complexities and potential impacts on individuals and families. 

What leads to divorce? The reasons can be numerous. A range of factors, such as lack of communication, infidelity, constant conflict, and other situations, can heighten the risk of divorce. Financially, divorce often involves dividing assets and liabilities accumulated during the marriage, determining spousal support, and addressing child support and custody issues. 

Divorce can have long-term effects on children, family dynamics, and social relationships. Therefore, seeking support from friends, family, and family law attorneys can be crucial in navigating the complexities of divorce and moving forward with clarity and resilience.

Navigating Divorce in DuPage

While Illinois divorce rates are depleting, in DuPage County, the divorce rate trend is less consistent:

  • 2012: 2,308
  • 2013: 2,233
  • 2014: 2,301
  • 2015: 2355
  • 2016: 2210
  • 2017: 2285

(*Note: DuPage County is currently only documented up to 2017)

In DuPage and throughout  Illinois, divorce operates under a no-fault system, necessitating only the presence of irreconcilable differences for legal separation. This means divorcing couples don’t need to assign blame to dissolve their marriage. According to the Illinois Department of Public Health, the highest divorce rates in Illinois are in the following five counties:

  • Cook County
  • DuPage County 
  • Lake County 
  • Will County
  • Kane County

Navigating a divorce in DuPage County demands careful selection of legal representation. When seeking a divorce lawyer, reliability is paramount. Effective communication and a strong rapport are essential, given the protracted nature of divorce proceedings. While experience in family law, particularly divorce law, is crucial, finding an attorney you trust and respect is equally important.

Starting the Divorce Process

In DuPage County, Illinois, initiating the divorce process typically begins with filing a petition for dissolution of marriage at the Circuit Court Clerk’s office. This petition outlines the grounds for divorce. The petition can include irreconcilable differences or fault-based reasons such as infidelity.

Along with the petition, the filer must also serve the other party, the respondent, with a copy of the documents. Once served, the respondent has the opportunity to respond to the petition. If both parties agree on property division, child custody, and support, they may proceed with an uncontested divorce, often resulting in a faster and less costly process. 

However, if there are disputes, the case may proceed to court, where a judge will decide on contested matters. It’s advisable for individuals navigating divorce in DuPage County to seek legal counsel to help protect their rights throughout the process.

Alternative Divorce Methods

Alternative divorce methods offer couples varying pathways to dissolve their marriage with differing levels of complexity and contention. In cases where the dissolution is relatively straightforward, joint and simplified divorce procedures provide expedited routes, requiring mutual agreement on key issues and minimal conflicts. 

Uncontested divorces follow a standard procedure but involve spouses who are largely in accord regarding the terms, reducing the time and resources needed compared to contested divorces. Beyond these options, couples may explore alternatives such as legal separation. 

  • Legal separation offers an alternative to divorce, addressing concerns of couples who wish to live separately without permanently ending their marriage.
  • Civil unions, recognized in DuPage and across Illinois, undergo a dissolution process similar to that of marriage, necessitating legal guidance to navigate.

These alternative methods offer flexibility and choice to couples seeking to end their union in a manner that best suits their circumstances and preferences.

Working With Masters Law Group

Divorce is a complex and emotionally charged journey that often requires the guidance of seasoned family law professionals. At Masters Law Group, our family law attorneys are here to provide valuable assistance, helping to ensure that your rights and the best interests of your children remain at the forefront of every decision. Here are some areas where we can help guide you:

  • Parenting Time: If you have children, it’s essential to work closely with your attorney to determine the most suitable arrangements for child custody and visitation. We aim to help create arrangements prioritizing your children’s well-being and best interests.
  • Mediation and Alternative Dispute Resolution: We encourage exploring options like mediation and collaborative divorce, which can facilitate mutually beneficial agreements outside the courtroom. Our family law attorneys will skillfully guide you through these processes, representing your interests and helping you secure a smoother negotiation experience.
  • Post-Divorce Modifications: Life can bring unexpected changes even after the divorce is finalized. Circumstances may arise that require modifications to parental responsibilities, visitation, or support arrangements. Our attorneys are here to assist you in addressing these changes promptly and effectively, helping protect your rights and the interests of your children.

By working with a DuPage divorce attorney, you can confidently navigate the complexities of divorce and reduce stress. Your rights and the well-being of your family are our top priorities.

Last Thoughts

The complexities of divorce, especially concerning children and/or substantial assets, necessitate legal assistance. Masters Law Group is ready to advocate for you throughout your divorce process.

If you have questions about divorce in DuPage County, an experienced DuPage divorce lawyer can assist you. Our firm has years of experience providing counsel to the community of DuPage County, and we are here to answer any of your questions about divorce or other family law matters. Contact us today to schedule your complimentary consultation.

DuPage Divorce Attorney: The Valentine’s Day Effect

Flowers, romantic cards, and proclamations of undying love for one another; Valentine’s Day is known as the day of love for a reason. Unfortunately, for many people, Valentine’s Day is a day for ending relationships and obtaining divorces, too.

In the weeks leading up to and after Valentine’s Day, requests for information about divorce experienced a surge of 40 percent (law.com). For individuals in DuPage County, Illinois, and across Chicagoland, Valentine’s Day may shed light on the complexities within their marriages.

Valentine’s Day is a day that celebrates love and affection, but for some couples, it’s not such a happy holiday as divorce rates surge. During challenging times, a DuPage divorce attorney can be a crucial ally, providing guidance and support through the emotional and legal aspects of ending a marriage. Here’s what you need to know.

UNDERSTANDING THE VALENTINE’S DAY EFFECT

While Valentine’s Day is meant to celebrate love and connection, for certain couples, it can evolve into a stark reminder of the underlying issues in their relationships. Yet, when we delve deeper into the broader context of Valentine’s Day, it becomes clear why this time of year can be particularly revealing.

Unmet expectations, unresolved conflicts, and a pervasive sense of dissatisfaction may all surface leading up to and on this day. These negative emotions may prompt individuals to reassess the foundations of their marriages. This phenomenon, commonly referred to as the “Valentine’s Day Effect,” has the potential to lead some couples to the difficult decision of pursuing a divorce. 

Why Couples Seek Divorce

On top of dealing with the “Valentine’s Day Effect,” various other factors can lead to divorce. This study found that the following factors can increase a couple’s risk of divorce:

  • A lack of communication
  • Infidelity
  • Conflict and arguing
  • Marrying too young
  • Financial issues
  • Substance abuse
  • Domestic violence
  • Health issues
  • Lack of family support
  • Religious differences
  • Lack of premarital education

It’s important to note that Illinois operates as a no-fault divorce state, requiring only irreconcilable differences as grounds, eliminating the need to prove fault for divorce.

MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION

A seasoned DuPage divorce attorney possesses the legal experience necessary to navigate the complex terrain of divorce proceedings. Emotions can run high during a divorce, and decisions made in the heat of the moment may have long-lasting consequences. A divorce attorney acts as a level-headed and objective advisor, helping clients make informed decisions based on their best interests rather than emotions.

It’s important to note that not all divorces need to be contentious courtroom battles. A skilled divorce attorney can help you explore alternative dispute resolution methods, such as mediation, to facilitate open communication and negotiation between the parties involved. These lower-conflict avenues often result in a more amicable resolution.

Divorce is a complex and emotionally charged journey that often requires the guidance of seasoned family law professionals. At Masters Law Group, our experienced family law attorneys provide valuable assistance, helping to ensure that your rights and the best interests of you and your children remain at the forefront of every decision.

ILLINOIS ASSET DIVISION

If you file for divorce, you may be wondering what will happen to the financial house you built together. Division of assets is a significant aspect of divorce proceedings. When couples get a divorce in Illinois, the courts don’t split everything down the middle like in certain other states. Instead, Illinois follows a more intricate approach called “equitable distribution.” Here’s how it works:

  1. Contribution to the Marriage: The court looks at what each spouse brought to the marriage regarding money and non-money contributions like caring for the home or children.
  2. Duration of the Marriage: How long the marriage lasted matters, as it can affect how assets are divided.
  3. Economic Circumstances: Each spouse’s financial situation, including income and needs, is considered.
  4. Non-Marital Property: Things owned before marriage or received as gifts or inheritance during marriage may not be split.
  5. Custodial Arrangements: If there are kids, the court looks at custody and how it impacts finances.
  6. Spousal Support (Alimony): Whether one spouse needs support payments is factored in.
  7. Tax Consequences: Taxes resulting from asset division are also considered to make things fair.
  8. Wasteful Dissipation: If one spouse recklessly spends or wastes money, it can affect the division.
  9. Agreements: Any agreements made before or during the marriage, like prenups, are considered if they meet legal standards.

Remember, “equitable distribution” doesn’t always mean a perfect 50/50 split. It’s about creating a fair and just arrangement based on each family’s unique situation. This process can be tricky, so it’s a good idea to work with a skilled family law attorney to help ensure your rights are protected during asset division in Illinois.

HOW A DUPAGE DIVORCE ATTORNEY CAN HELP

If you’re looking for a top lawyer in Illinois, consider working with the DuPage divorce attorneys at Masters Law Group. Our firm has earned a top spot on the Best Law Firms 2023 list by Best Lawyers® and U.S. News & World Report, and we are highly esteemed and respected by leading peer review publications such as Best Lawyers, Super Lawyers, and Leading Lawyers. 

Furthermore, our senior attorneys, Erin E. Masters, and Anthony G. Joseph, have been recognized by these prestigious publications year after year, showcasing their strong work ethic, character, and skill in family law, so you can rest assured you have someone you can trust throughout your divorce proceedings.

FINAL THOUGHTS

Valentine’s Day isn’t all about love and romance. For some, it could be a wake-up call or the final straw when it comes to divorce. 

If you are experiencing “The Valentine’s Day Effect” or simply want to learn more about initiating the divorce process, we can help. For questions regarding divorce and other family law matters in DuPage County, contact Chicagoland’s premier family law group here today to schedule a consultation.

Navigating Divorce and Infidelity

Infidelity is a complex and sensitive issue that can deeply affect individuals and relationships. According to the American Psychological Association (APA), infidelity in the United States accounts for 20-40% of divorces. 

In this blog, we will discuss its various types, underlying causes, effects on a marriage leading to divorce, and the crucial role that a divorce lawyer can play in such situations. Here’s what you need to know.

Understanding Types of Infidelity

Infidelity occurs when one partner deepens a connection with someone outside their marriage, violating the agreement of sexual or emotional exclusivity they made with their spouse. It may involve sharing intimate thoughts and feelings with someone other than their spouse. Unfaithfulness can manifest in various forms, and it’s crucial to comprehend these distinctions. Here’s a look at some of the different types of infidelity:

  • Physical Infidelity: Physical infidelity involves engaging in sexual activities with someone other than one’s spouse. This type of cheating comes to mind first when discussing the topic.
  • Emotional infidelity: This involves emotional attachment or intimacy with another person. Emotional affairs can do as much damage, if not more, to a relationship as a physical affair.
  • Cyber Infidelity: With the advancement of technology, cyber infidelity has become more prevalent. It involves engaging in online relationships or sexual activities with individuals on the internet.
  • Micro-Cheating: This form of infidelity may seem subtle or seemingly harmless actions that may indicate an emotional or physical connection with someone outside the marriage. Examples include secret texting or keeping a dating app profile.

Whether or not someone has been unfaithful depends on whether they’ve respected the agreed-upon boundaries of exclusivity, regardless of whether the relationship is monogamous or non-monogamous. Let’s dive into the causes where it can occur.

Identifying Causes of Infidelity

Infidelity, often referred to as cheating, duplicity, adultery, or unfaithfulness, can have its roots in various factors. It’s seldom straightforward, as relationships can become more fragile during transition periods, such as when young children begin school or when adult children leave home. Some common causes for infidelity in relationships include:

  • Lack of Communication: Poor communication within a marriage can lead to feelings of neglect or dissatisfaction, pushing individuals to seek emotional connection elsewhere.
  • Emotional Disconnect: When couples grow apart emotionally, one or both partners may seek emotional intimacy outside the marriage.
  • Unfulfilled Needs: Sometimes, unmet emotional or physical needs within a marriage can drive individuals to seek fulfillment elsewhere.
  • Opportunity: Easy access to potential partners, either in the workplace or online, can increase the likelihood of infidelity.
  • Personal Issues: Personal problems, such as low self-esteem, unresolved past traumas, or addiction issues, can contribute to infidelity.

Irrespective of the specifics of an affair, its consequences can profoundly affect the couple involved and those around them.

Effects of Infidelity on Marriages 

Infidelity can have profound effects on a marriage, often resulting in divorce. The individual involved in the betrayal may also wrestle with intense emotional reactions, such as overwhelming guilt or shame. Some feel trapped or helpless within the relationship, while others despair that change is impossible. The most common effects of infidelity are:

  • Broken Trust: Trust is the bedrock of any healthy relationship, and infidelity shatters this foundation, making it arduous to rebuild the marriage.
  • Emotional Trauma: Both the betrayed spouse and the one who strayed may endure emotional trauma, grappling with feelings of guilt, shame, anger, and depression.
  • Legal Consequences: Adultery can influence divorce proceedings, particularly in states with fault-based divorce laws. It may affect alimony, property division, and child custody decisions.

Giving up the extramarital relationship can be a struggle, even when they acknowledge its necessity, and some may even experience a sense of grief. If your relationship has been affected by infidelity, consider seeking the help of a divorce attorney who is experienced in family law affairs.

How A Divorce Attorney Can Help

In cases where infidelity leads to divorce, hiring a divorce lawyer becomes crucial. If you’re currently residing in Illinois and seeking a divorce attorney to assist you in finalizing your divorce, Masters Law Group is here to provide the support you need. Our team of experienced divorce attorneys and mediators is fully prepared to advocate for you and your family. Here are some crucial areas where we can help guide you:

  • Parenting Time: If you have children, it’s essential to work closely with your attorney to determine the most suitable arrangements for child custody and visitation. We aim to help create arrangements prioritizing your children’s well-being and best interests.
  • Mediation and Alternative Dispute Resolution: We encourage exploring options like mediation and collaborative divorce, which can facilitate mutually beneficial agreements outside the courtroom. Our family law attorneys will skillfully guide you through these processes, representing your interests and helping you secure a smoother negotiation experience.
  • Post-Divorce Modifications: Life can bring unexpected changes even after the divorce is finalized. Circumstances may arise that require modifications to parental responsibilities, visitation, or support arrangements. Our attorneys are here to assist you in addressing these changes promptly and effectively, safeguarding your rights and the interests of your children.

Final Thoughts

Infidelity is a complex issue that can have devastating consequences on a marriage. When divorce becomes inevitable, hiring a divorce lawyer can provide the legal experience and support needed to navigate the process and protect one’s rights and interests.

At Masters Law Group, you can rest assured knowing you are consulting with trusted and experienced legal professionals. Our family law attorneys can help protect your rights and interests during this challenging time. With a focus on helping clients residing in the Cook, Will, Lake, and Dupage counties, our practice is committed to providing a comprehensive suite of services to support parents, children, and families during challenging periods like divorce.

If you’re ready to begin your journey toward a peaceful divorce, contact us today to schedule your complimentary consultation.

Splitting Digital Assets in Divorce

In an age where our lives are increasingly intertwined with technology, the division of assets during a divorce has taken on a new dimension. As we enter 2024, “digital assets” have become a significant consideration in divorce proceedings. 

These assets encompass various digital properties, from cryptocurrencies to digital media collections and online businesses. In this blog, we’ll explore the complexities and challenges of splitting digital assets in divorce for 2024. Here’s what you need to know.

Defining Digital Assets

In divorce proceedings, the concept of digital assets has introduced a new layer of complexity. As couples navigate the intricacies of separating their lives, digital assets have become a significant factor to consider. Digital assets encompass any property or wealth existing solely in the digital realm. Here are a few key areas to consider:

  • Cryptocurrencies: In light of the surging popularity of cryptocurrencies like Bitcoin and Ethereum, divorcing couples may encounter the challenge of dividing their digital currency holdings.
  • Online Businesses: Couples who have established or invested in online businesses, such as e-commerce platforms or software startups, must grapple with dividing their digital business assets.
  • Social Media and Online Accounts: Contentious issues may arise regarding access and control over social media accounts, email accounts, and other online profiles.

Understanding the specific complexities of each category is essential. Addressing these digital assets is crucial to achieving fair and equitable divorce settlements in the digital age.

Challenges in Splitting Digital Assets

During the process of a pending divorce, it’s crucial for both you and your spouse to take inventory of all your digital assets, much like you would with physical ones. Each party should compile a comprehensive list of everything categorized as marital property. Here are a few things to consider: 

  • Valuation: Determining the value of digital assets can be challenging, as their worth is often subjective and volatile. Cryptocurrency values, for instance, can fluctuate significantly.
  • Ownership: Establishing ownership of digital assets can be complex. Cryptocurrencies might be held in hidden wallets, and online businesses may have multiple stakeholders.
  • Privacy and Security: Access to digital assets often requires sensitive information, such as private keys for cryptocurrency wallets or login credentials for online accounts. Sharing this information can pose privacy and security risks.
  • Tax Implications: Transferring digital assets between spouses may have tax consequences, depending on the jurisdiction and the nature of the assets involved.

Digital asset division laws and regulations can vary significantly from state to state. This can add complexity to the divorce process. Working with an experienced divorce attorney can help you understand the digital asset division.

Understanding Asset Division in Illinois

If you suspect that your spouse may be concealing cryptocurrency assets, there are steps you can take to investigate the matter thoroughly. In divorce proceedings, fully and honestly disclosing all assets, including cryptocurrencies, is crucial. In Illinois, dividing cryptocurrency assets follows a process similar to any other marital property.

Illinois does not adhere to the community property principle. Instead, the court will equitably distribute assets purchased, converted, or appraised during the marriage. It is important to understand that equitable does not necessarily mean equal; various factors are taken into account in determining the distribution, including:

  • Age, health, and financial circumstances of each spouse.
  • Contributions made to the marital estate.
  • Obligations related to previous marriages, as ordered by the court.
  • Considerations regarding child custody.
  • Pre and post-nuptial agreements.
  • Tax implications.
  • Duration of the marriage.
  • Alimony arrangements.

If you ever find yourself uncertain about the ownership of assets, seeking legal counsel is recommended to help ensure everything is clear.

Working With a Divorce Attorney

Working with a divorce attorney experienced in splitting digital assets can be a game-changer for individuals going through a divorce in 2024. Divorce attorneys understand the complexities of digital assets so that nothing is left to chance during asset division proceedings.  

At Masters Law Group, our experienced attorneys can help you with the following: 

  • Professional Assistance: Consult with financial experts and lawyers experienced in dealing with digital assets. They can help assess these assets’ value, ownership, and tax implications.
  • Negotiation and Mediation: Amicable negotiations can help couples reach mutually agreeable solutions for dividing digital assets without litigation.
  • Court Intervention: In cases where spouses cannot agree on the division of digital assets, a court may step in and decide based on applicable laws and regulations.

From cryptocurrencies’ volatile valuations to online businesses’ intricate web of ownership rights, our divorce attorneys can provide valuable guidance in assessing digital holdings’ value, ownership, and tax implications.

Final Thoughts

As we navigate the digital age, the division of digital assets has emerged as a crucial aspect of divorce proceedings. For couples facing separation in 2024, it’s essential to recognize the challenges and complexities associated with splitting digital assets. 

Let Masters Law Group provide transparency so you can work towards a fair and equitable distribution of your digital assets. Our skilled attorneys, serving communities across Chicago and the suburbs of Elmhurst, Hinsdale, DuPage, and Oakbrook, offer experience and insights into digital assets and divorce, helping you navigate this complex process.

Contact us today to set up your complimentary consultation.

DuPage Divorce Lawyer

With nearly a million residents, DuPage is Illinois’ second-most populous county. With a higher population, DuPage also has the second-highest divorce rate in the state. If you need a divorce lawyer in DuPage County, see how Masters Law Group can help. 

Located just west of Chicago, DuPage County provides a supportive ecosystem for businesses, a launchpad for innovators, a strategic location for critical logistics operations, and a healthy home for families. But living in a picturesque suburban town doesn’t equal happy families for all. As with anywhere in the world, troubled marriages and divorce persist.

What factors lead to divorce?

In Illinois and around the country, married couples seek divorce for many reasons. This study found that the following factors may increase a couple’s risk of divorce.

  • A lack of communication
  • Infidelity
  • Conflict and arguing
  • Marrying too young
  • Financial issues
  • Substance abuse
  • Domestic violence
  • Health issues
  • Lack of family support
  • Religious differences
  • Lack of premarital education

The state of Illinois is considered a no-fault divorce state. The only grounds required to seek a divorce are irreconcilable differences, meaning that divorcing spouses do not need to prove fault to be granted a divorce in Illinois.

NAVIGATING DIVORCE IN DuPage

One of the most important decisions you’ll make during the divorce process is choosing the right lawyer.

When seeking a divorce lawyer in DuPage County, reliability is essential. It is vital to evaluate how effectively they communicate with you to establish a positive relationship. A strong rapport is crucial because divorce cases can take several months to settle. While the DuPage-based lawyer’s goal should not be excelling in personability and charm, (it should be excelling in family law, especially divorce law), it is important that you trust and respect their professional advice and want to work with them.

Throughout the process, you may have multiple questions, concerns, or disputes, and you require someone who can ease your worries. Voted Best Lawyers 2023 and Best Law Firms 2023, Masters Law Group, we begin by understanding your goals for the divorce and how you wish to feel once the process is complete. We discuss your objectives in detail to provide exceptional legal representation. Additionally, we offer complimentary consultations to help you evaluate if we are the right fit for your needs.

GETTING STARTED

Aside from contacting your Illinois-based family law attorney, as soon as one or both parties decide that divorce is absolutely the only answer, the first step is filing the paperwork with your local court clerk. The forms you complete may vary from county to county, so it is important that you do some research based on DuPage County divorces. Wherever you live, however, you will need to file what is called a “petition for dissolution of marriage.” The forms are a bit different if you have children. For example, you will need to file a joint parenting agreement, uniform order of support, and visitation forms if you have children. You can also find other required forms on the Illinois court website.

Although the law specifically prohibits judges from analyzing fault when dividing property in a divorce, judges may evaluate whether or not one spouse dissipated marital assets during the marriage.

DuPage CONTESTED DIVORCES

A contested divorce happens when both spouses want a divorce but can’t agree on some of the terms of the divorce, like custody and spousal support. It can also occur if the spouse does not respond to the divorce petition.

In contested divorces, the judge may order you to go through additional steps like divorce mediation in DuPage. The mediation can result in an agreed settlement between the parties.

If mediation doesn’t work, your case will go to trial, and the judge will make the final determination on specific issues you and your spouse couldn’t agree on.

ALTERNATIVE PROCEDURES in DuPage County

If you and your spouse don’t have any children, have little money, and agree on everything, Illinois courts may allow you to have what is called a joint and simplified divorce.

You and your spouse can file a Joint Petition for Simplified Dissolution of Marriage if:

  • no spousal support (alimony) will be paid
  • no-fault grounds are used
  • there are no children and the wife is not pregnant
  • you have not been married more than 8 years
  • neither of you have any real property
  • the total equity in your marital property is less than $10,000
  • the combined annual income of you and your spouse is less than $35,000
  • neither of you earn more than $20,000 annually
  • you both disclosed your assets and tax returns for the years you were married, and
  • you and your spouse have a written agreement dividing all of your property in excess of $100 in value, and allocating who will be responsible for each debt owed.

If you don’t meet the requirements for the Simplified procedure, but you and your spouse are in agreement on all matters, you may still file an uncontested divorce using the standard procedure.

DuPage LEGAL SEPARATION

DuPage County (and across Illinois) is one of the areas that recognize legal separation. Legal separation does not permanently end the marriage. However, a judge must approve the separation agreement, which defines the spouses’ legal rights and obligations.

For individuals with religious concerns or insurance issues who may be discouraged from seeking a formal divorce, a legal separation could be the preferred course of action.  With a legal separation, many of the same issues determined in a divorce can be adjudicated, but without the finality of a legal divorce being granted.

This is a good option if you don’t want a divorce but want to live separately and want legal clarification on matters concerning child custody, child support, child custody, and property division.

DuPage CIVIL UNION DIVORCE

Civil unions allow two adults, of either the same or opposite sex, to enter into a legally recognized relationship. Several unique issues can arise during the process of establishing or dissolving a civil union, so it is vital to have a knowledgeable DuPage Divorce lawyer to guide you through every step.

Dissolving a civil union is nearly the same as dissolving a marriage. Any couple who wishes to dissolve a civil union will be able to do so in the State of Illinois. To receive a certified copy of a Dissolution of Civil Union records, an interested couple will need to go to the county circuit court clerk where the civil union was granted.

GETTING THE HELP YOU NEED WITH MASTERS LAW GROUP

Even a no-fault divorce is a complicated legal process, particularly when children or high assets are involved.

Whether you are facing a contested divorce, uncontested divorce, or a civil union divorce, the experienced DuPage attorneys at Masters Law Group are ready to skillfully advocate for your position and provide your voice when you need it most.

If you are seeking answers to questions regarding divorce, separation, child support and other matters in DuPage County, contact Chicagoland’s premier family law group here today to schedule a consultation.