Divorce is a serious family matter. You never know what to expect or what exactly you and everyone else in your family will endure. Some divorces are amicable while others can become quite hostile. Emotions can be random and unpredictable, even when the want for divorce is mutual.
It's our goal at Dolci & Weiland to make sure your divorce is as civil as possible. We also want to make sure that your interests are best protected and that often takes a lot of skilled negotiation. If you are considering a divorce in Naperville, Illinois, contact Dolci & Weiland. One of our experienced divorce lawyers will listen to you and your needs and provide you the support you deserve during this difficult time.
Divorce in Naperville, Illinois
Divorce in Naperville, Illinois is like divorce anywhere -- it's a process, one that may take longer than desired but faster with the right attorney. If you are considering a divorce, then you may want to know of local services that can help you during this time -- in addition to an experienced lawyer.
If domestic violence has played a part in your divorce, then you should know you can file for a protective order at the county court associated with where the abuse occurred or where you live. For Naperville residents, this may mean either:
DuPage County Courthouse
505 N County Farm Road
Wheaton, IL 60187
Will County Courthouse
14 West Jefferson Street
Joliet, IL 60432.
Also, the Naperville Police Department Victim Advocate is located at:
1350 Aurora Avenue
Naperville, IL 60540
You may also wish to seek divorce counseling, either with your spouse or alone. There are also possible services for children in certain circumstances available through the Illinois Department of Human Services located at:
1717 Park Street #105
Naperville, IL 60563
Below is a rough outline of what divorce may entail in Naperville.
Prior to filing divorce papers, your attorney will want as much information as possible, this includes information on:
- Reasons why you want the divorce -- as this can shape the direction of the divorce proceedings;
- Any assets you and your spouse own -- because these things will need to be divided according to the law and can be a source for conflict;
- Any children you have and your preferences for custody -- child custody is likely the most emotionally-charged part of a divorce and knowing the ultimate goal is key to negotiation; and
- Any other information that will be helpful during the process -- this will depend on your unique situation.
Once information is gathered and assessed, your attorney will review with you what it all means and could potentially look like.
Filing a Petition for Divorce
The next step again depends on the circumstances. Are you the one asking for the divorce? Are you responding to divorce papers? Are you amicably working together (but with separate attorneys) to peacefully get divorced?
If you are the petitioner for a divorce, then your attorney will file a petition for dissolution. The spouse usually has a month to respond to the petition upon being served the same.
If you are the respondent, then you and your attorney will file the response. In any case, if you live in Naperville, Illinois, then the papers for divorce will be filed at the DuPage County Courthouse located at:
505 North County Farm Road
Wheaton, IL 60187
The domestic relations court is located on the third floor near the large windows.
During the divorce process, family court may issue temporary orders. These could involve things like:
- Child custody, especially if a parent intends to move from Naperville;
- Parenting time or visitation;
- Child support;
- Maintenance, also known as alimony; or
- Possession of the marital home.
These orders do not suggest that upon finalization of the divorce, the same will hold true. For example, a temporary child custody order may grant the mother custody of the child Monday through Saturday and the father custody Saturday afternoon to Sunday evening, but a final child custody order may provide joint custody where the mother has custody from Sunday to Wednesday morning and the father has custody from Wednesday evening to Saturday.
After the petition and response are filed, discovery is the next big part of the divorce process. This involves mutual exchanges of information, including financial disclosure statements. For spouses with limited finances and assets, this process will go fast, but for those of you with a lot of assets, it will take much longer, perhaps months to complete, especially if one spouse tries to hide assets from the other spouse.
Mediation, Negotiation, Settlement
You may opt for mediation, and if so, this allows the parties to state their interests and negotiate. In lieu of mediation, attorneys will always be negotiating and trying to settle the divorce outside of court. Many times it is in the best interests of both parties to settle rather than face a judge.
Pre- Trial Hearings
When discovery ends and no settlement has been reached, there will be hearings to attend. You may or may not go to trial, but until there is a settlement your attorney will attend pre-trial hearings. These hearings are usually set in response to motions filed and can relate to anything from children to spousal support matters.
Again, if a settlement is not reached, a trial will ensue after the hearings have been heard. At trial, evidence will be presented. Unlike most other civil and criminal trials, a divorce trial is always presided over and decided by a judge and not a jury. You do not enjoy the benefit of submitting evidence for your peers to review, only a learned judge will hear your case and make the final decisions.
After Trial: Appeals & Modifications
If a judge does not decide a case in your favor, you can appeal. Most people do not appeal, but you can have the divorce terms and conditions modified later when the facts and circumstances warrant it and the judge agrees.
Naperville IL Divorce Issues
There are many issues that may arise in any given divorce in Naperville, Illinois. We represent you no matter what your divorce issue is. Some of the more common issues, however, include:
- Spousal support
- Child Support
- Child custody
- Custody of a pet
- Division of Assets
- Post Decrees.
These issues can become quite contentious, that's why it is always important to have an attorney guide you through the process. An experienced attorney can help you understand which battles are worth fighting over and which are best avoiding via a compromise.
Client-Focused Divorce Attorney in Naperville, Illinois
At Dolci & Weiland, our attorneys are compassionate as much as they are skilled and knowledgeable. The combination nurtures a client-focused practice that ensures our clients get the best outcome possible. We will advise you. We will strategize for you. We will fight for you. We will be the client-focused divorce attorney you expect to receive in Naperville, Illinois.
Contact our office today to schedule your free initial consultation. We have two convenient locations, one in DuPage County and the other in Chicago.