Wheaton Divorce Attorney

Accomplished Wheaton Divorce Attorney

Divorce is a journey fraught with emotion, uncertainty, and significant life changes. Even in cases where both parties genuinely seek to end their marriage and cooperate reasonably, practical and emotional challenges arise during asset division, relocation, and child-related arrangements.

Divorce becomes significantly more burdensome when one’s spouse isn’t acting in good faith. Matters such as income misrepresentation, asset concealment, and disputes over child custody and visitation often complicate divorces in Wheaton.

When complex issues jeopardize financial stability and parental relationships, the caliber of your legal representation can significantly impact the outcome. We know that divorce is more than just a legal process – it’s a deeply personal and often overwhelming experience. That’s why we approach every case with compassion, empathy, and a commitment to understanding your unique needs and goals.

At Wolfe & Stec, Ltd., we believe in empowering our clients to make informed decisions about their future. We take the time to explain your rights, options, and potential outcomes in clear, straightforward language so you can feel confident and empowered as you make important decisions about your divorce. Whether you are considering mediation, negotiation, or litigation, we will work to protect your interests and achieve the best possible outcome for you and your family.

Contact us today at 630-305-0222 to schedule a free consultation and take the first step toward a brighter tomorrow.

Contested and Uncontested Divorce

Before diving into representation for your divorce, it’s important to distinguish between the two main types of divorce: contested and uncontested.

1. Contested Divorce

In a contested divorce, spouses cannot agree on important issues, such as child custody, division of property, or spousal support. When negotiations break down, the case typically proceeds to litigation, where a judge will make decisions on behalf of the parties.

Contested divorces can be emotionally challenging and financially costly, but our attorneys are here to help you protect your rights and advocate for your best interests. Our divorce lawyers have extensive experience representing clients in contested divorce proceedings and are prepared to advocate vigorously on your behalf. We will negotiate a fair settlement whenever possible, but we are also prepared to litigate your case in court if necessary to achieve the best possible outcome.

2. Uncontested Divorce

An uncontested divorce happens when both spouses can agree on all issues related to the dissolution of their marriage without needing court intervention. This typically involves reaching agreements on issues such as child custody, visitation, division of assets, and spousal support through negotiation or mediation.

Uncontested divorces are often faster, less expensive, and less acrimonious than contested divorces. Our attorneys can help you navigate the process of obtaining an uncontested divorce efficiently and cost-effectively, ensuring that your agreements are fair and legally enforceable.

Parenting Time

One of the most sensitive issues in any divorce involving children is determining parenting time (formerly known as visitation). At Wolfe & Stec, Ltd., we recognize the importance of maintaining strong parent-child relationships while prioritizing the children’s best interests. Our divorce lawyers work closely with clients to develop parenting time schedules that are fair and practical, taking into account factors such as each parent’s availability, the child’s schedule, and the child’s preferences when appropriate. We strive to negotiate amicable agreements whenever possible but are prepared to vigorously advocate for our client’s rights in court if necessary.

Child Support

Ensuring that children receive the financial support they need is a top priority in any divorce involving minor children. At Wolfe & Stec, Ltd., our Wheaton divorce attorneys have extensive experience handling child support matters and are committed to helping our clients secure fair and appropriate support arrangements. Whether establishing initial support orders, modifying existing orders, or enforcing compliance, we provide personalized attention and strategic representation tailored to the unique circumstances of each case. We aim to ensure children have the resources to thrive while protecting our client’s financial interests.

The Division of Marital Property

The division of marital property can be a multifaceted and contentious issue in divorce proceedings. Illinois is an equitable distribution state, meaning marital assets and debts are divided fairly but not necessarily equally. At Wolfe & Stec, Ltd., we understand Illinois divorce laws and the factors courts consider when dividing property. Our attorneys diligently identify and evaluate all marital assets, including real estate, retirement accounts, investments, business interests, and personal property. We advocate vigorously for our clients’ rights to ensure they receive their fair share of the marital estate through negotiation or litigation.

Alimony

Alimony or spousal support may be awarded in certain divorce cases to assist an economically disadvantaged spouse financially. At Wolfe & Stec, Ltd., our experienced divorce lawyers help clients understand their rights and obligations regarding alimony and work to achieve fair and reasonable spousal support arrangements. Whether seeking spousal support or defending against an unreasonable request, we provide knowledgeable guidance and zealous advocacy to protect our client’s financial interests and ensure their long-term financial security.

Why Choose Us?

Our team of experienced divorce attorneys is here to provide you with the support and guidance you need during this difficult time. Here are just a few reasons why clients choose us to represent them in their divorce cases:

1. Our Extensive Experience

With years of experience representing clients in divorce cases in Wheaton, our attorneys deeply understand Illinois family law and the local court system. We have successfully handled various divorce cases, from amicable, uncontested divorces to complex disputes involving high-net-worth individuals.

2. We Offer Thoughtful Representation

Our lawyers are skilled negotiators and litigators with a commitment to achieving the best possible outcome for our clients. Whether through negotiation, mediation, or litigation, we will pursue the most favorable resolution for you and your family. We will work to protect your rights and interests, ensuring your voice is heard and your concerns are addressed.

3. You’ll Receive Tailored Care

We recognize that every divorce is unique and approach each case with the individualized attention and care it deserves. When you choose Wolfe & Stec, Ltd. as your divorce attorney, you can expect to work directly with an attorney who will take the time to understand your goals, concerns, and priorities. We will work to develop a personalized legal strategy tailored to your needs and circumstances.

4. We Provide Comprehensive Services

We offer full divorce services to meet your needs, from uncontested divorces to complex contested proceedings. We handle all aspects of divorce, including child custody and support, property division, spousal maintenance, and more. Whatever your situation may be, you can rely on us to provide you with the skilled and experienced representation you need to achieve a successful outcome.

5. We’re Client-Focused

Our clients always come first. We prioritize open communication, responsiveness, and transparency throughout the legal process, ensuring our clients are informed and empowered. We take the time to listen to your concerns, answer your questions, and address any uncertainties so you can feel confident and supported as we navigate the complexities of your divorce case together.

How We Can Help With Your Case

Here’s how our firm can assist you with your divorce case in Wheaton:

• Thorough case evaluation: Our team of experienced divorce attorneys is well-versed in Illinois divorce law and procedures. We will thoroughly evaluate your case and concisely explain your rights, options, and potential outcomes, empowering you to make informed decisions about your case.
• Negotiation and Mediation: We strive to resolve divorce matters amicably through negotiation or mediation. By working collaboratively with your spouse and their legal counsel, we can reach mutually beneficial agreements on issues such as visitation, child custody, property division, and spousal support, avoiding the time, expense, and emotional strain of courtroom litigation.
• Litigation Advocacy: In cases where litigation is necessary to protect your rights and interests, we are prepared to advocate aggressively in court. Our attorneys are skilled litigators with a track record of success in complex divorce cases, and we will fight to achieve the best possible outcome for you and your family.
• Child-Centered Approach: If children are involved in your divorce, their well-being is our top priority. We will work to protect their interests and advocate for arrangements that promote their stability, safety, and happiness during and after the divorce process.
• Strategic Asset and Debt Division: Dividing marital assets and debts can be one of the contentious aspects of a divorce. Our lawyers have extensive experience handling complex property division matters and will work diligently to protect your financial interests.
• Post-Divorce Modifications: Circumstances change, and post-divorce modifications may be necessary to reflect these changes. Whether you need to modify a child custody arrangement, child support order, or other aspects of your divorce decree, our attorneys can help.

What Occurs During the Period While My Divorce Case Is Awaiting Resolution?

Couples usually separate or are in the process of separating when a divorce case is initiated. This often results in unresolved matters—matters that cannot necessarily wait until the divorce is officially concluded. Common examples include temporary arrangements for the care and support of children, temporary occupancy of the family home, and management of debts during the divorce proceedings.

Upon request by either party, the Wheaton divorce court can conduct a hearing and issue temporary orders concerning these issues and others. Alternatively, the parties can reach temporary agreements and present them to the court for approval.

What Are My Options if My Spouse Conceals Assets or Provides False Income Information?

In Illinois, the law allows for discovery in divorce proceedings, enabling your attorney to request access to comprehensive information regarding property, income, expenses, and more. This information is obtained, and responses are given under oath. Consequently, a party found to be deceitful or withholding information may face penalties from the court or, in exceptional cases, criminal charges.

Nevertheless, the discovery process is merely the initial step. Our Wheaton divorce attorneys leverage additional resources to unveil and scrutinize dubious financial data when necessary.

Can I Retain My Retirement Account Post-Divorce?

Illinois categorizes property into marital and non-marital assets during asset division. In the case of retirement accounts like 401(k)s, contributions and earnings during the marriage are considered marital, while those before and after are non-marital.

Illinois follows equitable division principles, not necessarily guaranteeing a 50/50 split but often resulting in an equal division unless specific factors warrant otherwise. These factors may include marriage duration, future earning capacity, age differences, and individual non-marital assets.

Regarding non-marital portions of retirement accounts, typically, the earner retains 100% of pre and post-marriage contributions. Documentation of the 401(k) balance at the marriage date can help determine accrued interest on non-marital portions.

While a 50/50 split can be negotiated differently by mutual agreement, consulting a knowledgeable family law attorney for personalized guidance on potential options is crucial.

Contact Our Wheaton Divorce Divorce Attorneys Today

Your future and the well-being of your family are our top priorities. Let us assess your situation, answer your questions, and chart a course of action tailored to your circumstances.