Compassionate Divorce Attorneys In Wheaton, Illinois

DuPage County Lawyers for Family Law Matters

Just as a divorce causes complex emotions for everyone involved, a dissolution of marriage proceeding is typically a combination of many different legal matters. The final orders must make provisions for child custody, spousal support, child support and property division. These orders must be specific enough to be clear to all readers, yet broad enough to encompass different circumstances as they arise.

The experienced divorce attorneys at the Law Offices of Salvatore C. Miglore & Associates routinely handle marriage dissolution proceedings throughout the area. Whether yours is a simple uncontested divorce or a complex case with multiple asset distribution and child custody issues, you can count on our legal professionals to give you the best possible representation both inside and outside the courtroom.

The first step in a divorce proceeding is the petition. Most proceedings are "no-fault" divorces; the petitioner (person bringing the case) states there are irreconcilable differences and the marriage is no longer workable. A petitioner can also file a fault divorce which alleges:

• Adultery,
• Cruelty,
• Bigamy,
• Felony conviction,
• Impotency,
• Desertion, or
• Drug addiction.

Although the judge cannot consider fault in the breakup of the marriage when dividing property, it may be a factor in some other decisions. A person must have resided in Illinois for at least 90 days before filing a divorce petition. Before a marriage dissolution can be granted, the spouses must have lived apart for at least two years. However, this period can be reduced by agreement to six months in uncontested cases.

After the petition is filed, the respondent must be served. Typically this is done through the sheriff or a private process server. In other instances, the respondent's attorney may agree to accept service or the respondent may agree to waive service. If the respondent's whereabouts are unknown, service by publication may be an option. After service of process, the respondent has 30 days to file a response. If there is no response, the judge may enter a default order. If the respondent appears, the judge may issue temporary orders regarding custody, visitation and support.

The discovery phase is next. Both sides have the right to interview witnesses under oath and review important financial documents. The parties may also be required to admit or deny certain facts and answer written questions under oath. After discovery is complete, most lawyers begin settlement negotiations. Sometimes these talks occur informally, and sometimes there is a third-party mediator.

If the divorce is not settled, the parties proceed to a pretrial conference. The judge rules on preliminary evidentiary matters and discusses the issues with the lawyers. The pretrial conference is also a final opportunity to settle the case before it goes to trial. The parties may have to wait several months, or even longer, for a trial date. There are no jury trials in an Illinois divorce; all decisions are made by the judge.

An experienced attorney can guide your case through the system from start to finish. Contact us today for a free consultation at (630) 933-8400. At the Law Offices of Salvatore C. Miglore & Associates, we handle divorce and family law matters in Cook, Lake, McHenry, Kendall, Kane, Will, DuPage and DeKalb Counties.