Divorce
Helping Clients Reclaim Their LivesHuntley Divorce Lawyers
Skilled & Trusted Divorce Attorneys Providing Legal Assistance in McHenry, Kane, & Lake Counties
Divorce is formally known as “dissolution of marriage” and is the legal action to terminate a marriage. The process is started by one party filing a Petition for Dissolution of Marriage and concludes with the entry of a Judgment for Dissolution of Marriage. If you are considering ending your marriage, it is imperative that you have the support of an experienced divorce attorney.
At Brody Brandner, Ltd., we have 25 years of experience in divorce. Our founder brings a financial background as an accountant to the process, a significant advantage, particularly in high-net worth cases or when it is suspected that one party may be hiding assets. We employ advanced investigation methods in these cases.
When you work with our firm, we take time to understand the specific issues at stake in your case, from your income and assets to your goals for parenting time and support. As a divorce attorney Huntley residents can turn to for guidance, we help you evaluate the pros and cons of settlement versus trial so you can make informed decisions at every stage of the process.
Contact our team online or by calling (815) 374-7783 and schedule a consultation with one of our Huntley divorce lawyers today!
Types of Divorce: Your Options
Divorces are as unique as the two partners. In some cases, the spouses are generally amicable, and can sort through the process, either on their own or with professional assistance. In others, there is little hope that the two partners will come to an agreement.
- Uncontested Divorce: This type of divorce is when two former partners can come to an agreement without taking the divorce to court. This may be achieved through their own discussions, or by engaging in mediation or collaborative law. Once the matters between the two parties are resolved, an attorney is retained to review the agreement and measure it against Illinois law before the agreement is prepared for submission to the court. At a final court hearing, the marriage is dissolved, and the mutually decided agreement is issued as a court order.
- Contested Divorce: When a marriage breakup is more contentious, it may be impossible to resolve the issues without litigation. The opposing attorneys attempt to come to an agreement with the two spouses. When this does not lead to resolution, the case will proceed to trial. In a divorce trial, witnesses will testify, evidence will be presented, and the attorneys for each side will present arguments. The judge will come to a decision once the trial is concluded.
Divorce Judgments in Illinois
A divorce judgment may be based upon an agreement of the parties made in mediation, by negotiations through their attorneys, or by the court after a divorce trial. A judgment includes provisions for maintenance, children, property, debts, taxes, attorney’s fees, and other issues pertinent to the marriage.
In McHenry County and the surrounding courts, judges expect the final judgment to address both present circumstances and foreseeable future needs, such as changing income, children’s school schedules, and potential tax consequences. A Huntley Divorce Lawyer can help you think through these details in advance, so your judgment is clear, workable, and less likely to lead to future disputes or modification proceedings.
The Court Process and Grounds for Divorce in Huntley
At trial, the court must first determine if there are grounds for a divorce. Currently, Illinois only recognizes irreconcilable differences as grounds. This is sometimes referred to as “No Fault Divorce.” Specifically, the court must find that irreconcilable differences have caused the irretrievable breakdown of the marriage, and efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
It is presumed that the grounds of irreconcilable differences have been met if the parties have lived separate and apart for a continuous period of six months or longer. Living separate and apart does not require separate households; it merely requires the two former partners are living separate lifestyles. The grounds do not affect any of the remaining issues such as maintenance alimony, child custody, child support, and the fair division of property and debts.
If your case does proceed to a hearing in the McHenry County or Kane County circuit courts, the judge will apply these rules to determine whether the marriage should be dissolved and then move on to decide contested issues. A divorce lawyer Huntley clients trust can help gather documents, prepare testimony, and organize financial information so you present your situation clearly and in a way that supports your goals.
Financial Issues in Huntley Divorce Cases
Money questions are often at the center of a divorce, and many clients are unsure how Illinois law will treat their home, retirement accounts, and business interests. In cases filed in the McHenry County and Kane County circuit courts, the judge looks at the entire marital estate, including assets and debts, before making decisions about division and support. Understanding how these rules work ahead of time allows you to plan and to work with your attorney on settlement proposals that protect your long-term stability.
Our attorneys draw on their backgrounds as certified accountants to review tax returns, bank statements, business records, and other financial documents in detail. This can be especially important if you or your spouse owns a closely held company, receives bonuses or commissions, or has investments that may not be easy to value. As a Huntley Divorce Attorney team, we help you identify which assets are likely to be considered marital, what documentation will be useful in court, and how different settlement options may affect your cash flow and tax situation after the divorce is complete.
In addition to dividing property and debts, we help you think through ongoing financial obligations such as maintenance and child support. For families in and around Huntley, including those commuting to jobs in nearby communities, these payments can have a significant impact on monthly budgets. By carefully modeling different scenarios, we work with you to pursue arrangements that meet statutory guidelines while also reflecting practical realities like childcare costs, health insurance, and mortgage or rent payments.
Uncontested Divorce Solutions in Huntley: Navigating Local Resources and Challenges
Navigating an uncontested divorce in Huntley can be a smoother process with the right guidance and understanding of local resources. Residents of Huntley and the surrounding areas in McHenry, Kane, and Lake Counties can benefit from the support of local government entities such as the McHenry County Government and the Kane County Health Department, which provide valuable information and services that can assist during this challenging time.
Contact Us Today
At Brody Brandner, Ltd., we understand the unique challenges faced by our clients in Huntley. Our team is well-versed in the local legal landscape and is committed to helping you navigate the uncontested divorce process efficiently. We work closely with you to ensure that all agreements are fair and in compliance with Illinois law, providing peace of mind as you move forward.
Contact our Huntley divorce lawyer from Brody Brandner, Ltd. today at (815) 374-7783 for a free case consultation.
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