Schaumburg Divorce Lawyer

When you and your spouse decide to get divorced, you have the option of filing either a contested or uncontested divorce. 

Because uncontested divorces require you and your partner to agree on all major aspects of your divorce, including how to divide your finances and your parenting time, judges see these filings less often than ones for traditional divorces. 

Items That Can Complicate a Divorce

Simply stated, an uncontested divorce is not a realistic option if both parties cannot reach an agreement on all major divorce-related issues. Divorces typically become more complicated when they involve 1) multiple children under the age of eighteen and 2) significant financial assets, especially if only one spouse has been working and providing for the family.

If you and your partner cannot agree on at least one of the following, uncontested divorce is probably not right for you:

• How you intend to divide your physical property
• How you intend to divide your debt 
• Whether one party will pay alimony (spousal support), and the amount of alimony they will pay
• Whether one party will pay child support
• How you will divide the custody of your child(ren), if applicable

Contact Our Schaumburg Law Firm

Because divorces are such emotional matters, it’s normal for you and your partner to feel unable to reach a mutual agreement surrounding the specifics of your divorce. If you have questions about filing for an uncontested divorce in Schaumburg or need the advice of a seasoned family law attorney, we can help. 

When your spouse doesn’t agree to a divorce or is unwilling to sign the initial papers, you can usually still file for a divorce, and the court will work with your situation. In most cases, judges do not require divorce papers to have signatures from both partners for the divorce to move forward. 

As the case proceeds, you are legally required to “serve” your spouse with copies of the divorce documents. You can choose to pay a private process server or private investigation company to serve the divorce documents, or you may want to reach out to the sheriff’s office for help. 

After receiving official copies of the divorce filing through proper service, your spouse will have a window of time where they’re required to respond to the divorce proceedings. 

Contact Our Schaumburg Office

The difficulty, length, and cost of the divorce process ultimately depend on your spouse’s cooperation and how your particular judge wants to handle the events. Having the help of a family law attorney can help you get through the proceedings more quickly and help you feel more at ease about the process. To schedule an initial consultation with our Rolling Meadows law office, call us today! 

A common question from many people seeking a divorce is whether they need a specific reason for requesting the divorce.

Illinois Is a No-Fault State

Illinois, like most states, is known as a “no-fault” state when it comes to divorce. This means that the reason generally cited is simply “irreconcilable differences,” and no other explanation is expected or needed by the court.

Illinois became truly “no-fault” with the enactment of Public Act 99-90 in January 2016, eliminating any kind of fault-based grounds for divorce.

Regardless of why you are requesting a divorce, it is a good idea to hire an attorney. Robert M. Kaplan is an experienced divorce lawyer in the Schaumburg area, and he can guide you through the divorce process.

Working with an Attorney During Divorce Proceedings Makes Sense

There are several reasons to work with an attorney during a divorce. The division of assets can be complicated, and an attorney’s advice can be invaluable. Child custody agreements can be confusing, and an attorney can help ensure the best for both parents and children.

Using a Schaumburg divorce attorney will help ensure your interests are protected during this emotional time. Having a lawyer can also reduce stress because mistakes are less likely to happen with a professional handling divorce paperwork.

Working with an attorney can also help make sure the divorce proceedings happen on time, and unnecessary delays do not drag the process out. Contact our Schaumburg law firm for a consultation.

A prenuptial agreement, or “prenup” for short, is an agreement executed before marriage to determine which party gets what if there is a divorce.

Even though you probably aren’t thinking about divorce right before you get married, if you get divorced down the line, having a prenuptial agreement can make a divorce go much more smoothly by determining the division of assets ahead of time.

Does a Prenup Mean You Are Planning for Divorce?

Much as buying auto insurance doesn’t mean you are planning for an accident, a prenuptial agreement doesn’t mean you are planning for a divorce. What it does mean is planning for the unexpected. It is an opportunity for couples to create a document that outlines their financial goals and priorities. It means that couples are planning for their financial future.

Do You Need a Prenup If You Are Not Wealthy? 

We hear a lot about celebrities and the super-rich having prenuptial agreements in place, but even if you do not have extensive assets, a prenuptial agreement can still be a good idea. 

Say you unexpectedly quit your job during your marriage to raise your children. A prenup can specify what kind of support you might be entitled to should a divorce happen. Or, say you supported your spouse while they went to college. You helped pay for tuition and student loans, which means there may be some repayment after a divorce. 

Rather than fight over the details in divorce court—costing you even more money in legal fees—you can state terms ahead of time in a prenuptial agreement.

What Is Looked at for a Prenuptial Agreement?

• Prior to the marriage, you should make a list of all assets owned and debts owed. Both spouses need to make full disclosure. It needs to be determined how these will be handled during the marriage and in the event of a divorce.
• A determination needs to be made as to how marital property, which are the assets and debts that will be accumulated as a couple, will be handled in the event of a divorce.
• Many times couples have different styles for managing money, so the management of assets and income should be determined ahead of time.
• Both parties need to be upfront about their credit scores, whether they have old debt, and how they feel about accumulating new debt.
• Views on non-monetary contributions, such as raising the children or managing the household, should be addressed upfront.
• Maintenance, or alimony, is a reality often faced by one spouse in the case of divorce. This should be discussed ahead of time.

Are Schaumburg Prenups Expensive? 

Most family law attorneys will charge by the hour for creating a prenuptial agreement, which means the costs will vary depending on each situation. However, the cost of drafting most prenuptial agreements in Schaumburg is typically much cheaper than in divorce court.