Oak Brook Divorce Lawyers

Experienced Divorce Attorneys for Clients in Oak Brook, Illinois

Divorces are often stressful and highly emotional for all parties involved. During the legal proceedings, complex issues may arise between a couple with no clear path forward. If you are going through a divorce or planning to file for divorce, an Oak Brook family law attorney can be your best advocate in and outside of court.

At Roberts PC, we know just how difficult the dissolution of your marriage can be. We offer comprehensive guidance and representation for Oak Brook residents as they address challenging divorce-related issues. When you work with our firm, you will be treated with the honesty and respect you deserve, and we will present realistic solutions based on our years of legal experience.

How Does Fault Factor Into Illinois Divorces?

Illinois is a no-fault divorce state. Essentially, this means that a spouse does not have to blame their partner for the collapse of their marriage. If two spouses have been living apart for six months or declare that the marriage is unsustainable due to irreconcilable differences, a judge will grant a divorce. This can be convenient for spouses who are looking for a low-stress separation.

Unlike some other states, Illinois does not recognize any grounds for fault whatsoever. As such, neither you nor your spouse can be punished for wrongdoing that may have led to your divorce, such as infidelity or abandonment. When dividing property or determining whether to award spousal support, the courts will take into account what is most fair to both parties without considering marital misconduct. At Roberts PC, our attorneys can let you know what to expect when you file for divorce on the grounds of irreconcilable differences.

Alternatives to Litigation

Taking your divorce to court can be a long and costly process. Many people assume that this is the only way to secure a favorable outcome, but in some cases, resolving issues in the courtroom is more trouble than it is worth.

If you are willing to set aside your differences with your spouse for a time, you can work together to work out a favorable settlement outside of court. These discussions often take place in mediation, which consists of meetings between spouses overseen by a neutral third party in a comfortable setting. A mediator does not have the authority to make any final judgments, and all decisions will be left up to the spouses. The mediator's role is to keep the conversation productive and ease tensions while proposing creative solutions as needed.

Before you attend a mediation session, it is important that you know how to advocate for your rights. A family law attorney at Roberts PC can help you prepare for mediation by making sure that you can effectively advocate for yourself.

Child Custody

Child custody is a sensitive issue in a divorce. In general, most judges will urge a couple to work out a custody agreement outside of court under the assumption that the parents know what is best for the child. The preferred option for parenting time is a joint physical custody arrangement, where the child alternates between living with both parents while following an agreed schedule. Parents will usually be able to share legal custody as well, which will ensure that they will work together to make important decisions in their child's life.

In more complex custody cases, the court may appoint a special representative known as a guardian ad litem to determine the child's best interests. Regardless of how child custody issues are handled, the court will always focus on finding solutions that will protect the child's best interests.

Meet With an Oak Brook, Illinois Divorce Attorney

Divorce is rarely easy. If you have concerns about the dissolution of your marriage, a dedicated divorce lawyer at Roberts PC can address your pressing issues and provide you with skilled representation and legal counsel. We proudly serve residents of Oak Brook in all manner of family law issues. To schedule a free initial consultation, call us at 630-668-4211 or contact our office online.