Schaumburg, IL Divorce Attorney

Divorce Attorney Helping Cook County Spouses Resolve Property, Support, and Custody Disputes

If you are considering divorce in Schaumburg, you can file without having to prove that your spouse did anything wrong. Illinois only requires that irreconcilable differences caused the marriage to break down and that you or your spouse meet the state's 90-day residency requirement before filing or before the court makes its required finding.

The more difficult questions involve property, debt, support, and your children. Attorney Don Cosley has more than 30 years of legal experience. He offers a free consultation, so you can learn where you stand before you make any major decisions.

What Is the Difference Between an Uncontested and a Contested Divorce?

An uncontested divorce means you and your spouse agree on every issue. Your agreement is written into a marital settlement agreement, and a judge reviews it before entering the final judgment. Uncontested cases usually move faster and cost less. Even so, the agreement must be complete and clearly written, since missing elements can lead to disputes later.

A contested divorce means you disagree on at least one issue. These cases often involve discovery, which is the formal process of gathering information from the other side. A contested case can still settle at any stage once both sides have the information they need. We can help you gather evidence, negotiate with your spouse, and protect your interests in court if an agreement cannot be reached.

Which Documents Should You Gather Before Filing for Divorce in Illinois?

Each spouse must complete a sworn financial affidavit listing income, expenses, assets, and debts. Gathering these supporting records early can speed up your case and help protect your interests:

• Your last several years of federal and state tax returns show income patterns, business earnings, and investment income.
• Recent pay stubs, W-2s, and bonus statements help establish current income for support calculations.
• Bank, brokerage, and retirement statements show balances and reveal unusual transfers or withdrawals.
• Mortgage, credit card, and loan statements show what is owed and whose name is on each account.

Complete records make it harder for either side to hide income or assets.

How Are Property and Debts Divided in an Illinois Divorce?

Illinois courts divide marital property justly. It will not always be equal, but it will be fair. Property and financial settlements often involve the family home, vehicles, bank accounts, and retirement savings.

The division of marital debt can include mortgages, credit cards, and car loans taken on during the marriage. A divorce judgment does not change your obligations to a creditor. If a joint credit card is assigned to your spouse and your spouse stops paying, the lender may still pursue you. Closing joint accounts or refinancing loans into one name can reduce that risk.

Property you received as a gift or inheritance is typically non-marital. However, gifts and inheritance can lose that protection if they are mixed with marital funds. In that case, they sometimes can no longer be separately identified. For example, an inheritance deposited into a joint account and used for family expenses could become marital property.

We have experience with high-income and high-asset division. In these more complex cases, the court may also need to value a business, stock options, or real estate investments.

How Is Spousal Support Calculated in Illinois?

Spousal support, called maintenance in Illinois, is not automatic. If the court decides maintenance is appropriate and the spouses earn less than $500,000 combined each year, Illinois usually uses a formula. The formula also depends on whether the paying spouse has existing child support or maintenance obligations from a previous relationship.

For example, if one spouse earns $6,000 a month and the other earns $2,000, maintenance would be $1,200 per month after applying Illinois' income limits. How long payments last depends on the length of the marriage. For a 10-year marriage, maintenance would usually last about four years and five months.

What Happens With Children, Support, and Enforcement?

If you have children, the court will allocate decision-making and parenting time as part of child custody. They calculate child support based on both parents' incomes. Parenting decisions are based on your children's best interests, while child support follows Illinois support guidelines. These issues are not determined by which spouse filed first.

After the judgment is entered, you have 30 days to ask the court to reconsider or modify the original judgment through a post-judgment motion. However, you can request changes to child support, maintenance, or parenting arrangements later if you meet the legal requirements.

If your former spouse later refuses to follow the judgment, post-divorce enforcement and contempt proceedings are available. When a court finds the refusal had no compelling reason or justification, it must order that spouse to pay the prevailing party's reasonable attorney's fees and costs.

Contact Our Schaumburg, IL Divorce Attorney

Attorney Don Cosley knows the local rules, judges, attorneys, and court staff in the courtrooms of Cook County. He personally handles every part of his cases, so when you call with questions, you speak directly with him rather than a paralegal. Clients have left more than 75 five-star reviews about their experience. Contact our Schaumburg divorce attorney at 847-253-3100 today for a free consultation.