Hinsdale Divorce Lawyer

Compassionate Attorneys Providing Representation in Hinsdale, IL Divorce Cases

When you are faced with the end of your marriage, the prospect of filing for divorce can be intimidating. Not many people know the full extent of their rights in these situations, and cases can lead to back-and-forth disputes that can drag out for months or even years. A Hinsdale divorce lawyer can stand up for your rights inside and outside of the courtroom, advising you of your best course of action at any point in your case.

At Roberts PC, we provide representation and counsel for spouses and parents going through the divorce process. We have the experience and legal knowledge needed to provide you with effective counsel until your marital issues are resolved.

Dissipation

In Illinois, intentionally misusing or wasting marital assets during a divorce is an illegal act known as dissipation. If you suspect that your spouse is throwing away money for frivolous or selfish purposes in the middle of your divorce, you can take legal action to get reimbursed for your losses. If the judge determines that your spouse dissipated marital assets, your spouse could then be required to pay you back directly, or they may receive a lesser share of assets.

To prove that dissipation occurred, you will have to present evidence that demonstrates the misuse of your marital funds. This will likely entail getting a paper trail of the transactions, showing when and where assets were wasted. Common examples of dissipation include spending joint funds on an affair partner or gambling with money from a shared bank account. At Roberts PC, we can help you investigate claims of dissipation, compiling evidence to support your case.

Retirement Accounts

During your divorce, you will likely have to divide your retirement savings with your spouse, such as IRAs, 401(k)s, and pensions. Contributions you made to a retirement account prior to your marriage might be safe from division, but any contributions during the marriage will likely be treated as a marital asset.

However, just because your retirement account is a marital asset does not mean it will necessarily be split down the middle. If your spouse is entitled to some portion of your retirement savings, you could give up a greater share of other assets so that you can keep your savings. Decisions about the division of assets are made in accordance with Illinois' laws about equitable distribution, which prioritize fairness in the allocation of marital property.

When dividing your retirement savings, you may need to create a Qualified Domestic Relations Order to transfer a fraction of your 401(k) into a separate account owned by your spouse, bypassing the tax penalties associated with a withdrawal. At Roberts PC, we can advise you of your options during asset division and advocate for your property rights.

Visitation and Parenting Time

Child custody is a sensitive subject in many Illinois divorces. Most parents want what is best for their child, but parents may not always agree about who the child should live with the majority of the time. The courts generally prefer that parents work out a healthy custody agreement outside of court, but if negotiations prove to be unproductive, a judge may allocate parenting time and parental responsibilities based on the child's best interests.

There are cases in which one parent may be awarded primary physical custody, and the other parent may receive visitation time, which may be supervised if there are concerns about the child's safety or well-being. If you have any concerns about an existing custody order, our lawyers can meet with you individually to discuss what you can do.

Meet With a Hinsdale Divorce Attorney Today

At Roberts PC, we recognize the unique challenges faced by spouses in a divorce, and we offer comprehensive legal services to help our clients reach efficient solutions. To schedule a free consultation with a Hinsdale divorce lawyer, call us at 630-668-4211 or reach out to us online today.