Schaumburg Divorce Lawyer

Compassionate Attorneys Assisting With Complex Divorce Matters in Schaumburg, IL

Every divorce comes with a unique set of hurdles and complications. If you have concerns about what will become of your assets, where your child will live, or how much you will pay or receive in alimony, a Schaumburg divorce attorney can help.

At Roberts PC, we have the experience, resources, and legal knowledge to handle your case. We focus on pre-planning and strategizing, allowing us to respond to any new developments and effectively maneuver around them. This approach has brought us and our clients much success, as we have secured many favorable divorce settlements and rulings over the years.

Marital and Separate Property

When it comes to property division in a divorce, you and your spouse may be able to reach an agreement outside of court about how your assets and debts should be split. As long as the judge finds the division to be fair to both parties, the settlement will likely be approved.

If you and your spouse cannot reach a settlement outside of court, your property will be divided according to what the judge considers equitable. This process involves classifying all of your property as either marital or separate.

• Characteristics of Marital Property: Items bought or obtained during the marriage, or assets mixed with marital funds.
• Characteristics of Separate Property: Items bought or obtained before the marriage, or items received as gifts or inheritances.

The process of separate property becoming marital property is known as commingling. It often occurs when marital funds are invested into a separate property, like a spouse contributing to their partner's mortgage.

Child Custody

If you are filing for a divorce with children, you and your spouse will have to make a parenting plan that addresses both physical and legal custody. A divorce attorney can be of invaluable aid in child custody disputes, advocating for a solution that meets your child's needs.

To elaborate on these concepts, physical custody is known as "parenting time" in Illinois, and it refers to who the child will live with throughout the year. Legal custody is known as "decision-making responsibility" in Illinois, and it gives a parent control over the child's life choices related to schooling, religion, healthcare, and extracurricular activities.

Both parenting time and decision-making responsibility can be shared between the parents in a joint custody agreement. Under state law, both parents have a right to reasonable time with the child unless permitting visitation would be adverse to the child's well-being. At Roberts PC, we can help you draft a parenting plan that serves your child's best interests while protecting your rights as a parent.

Alimony Payments

Alimony, also known as spousal maintenance, refers to court-ordered financial support paid by one spouse to the other. This is usually intended to help get the recipient spouse back on their feet during and after a divorce. While spousal support is usually only paid for a limited time after the finalization of a divorce, for marriages lasting 20 years or more, a judge may order indefinite maintenance.

If you are continually late on alimony payments, you could face a number of penalties, including the loss of your driving privileges, wash garnishment, or even criminal charges. A skilled divorce attorney can help you petition for a modification of a court order if you have a good-faith excuse as to why you cannot make your payments.

Meet With a Schaumburg Divorce Attorney

If you are going through a divorce in Schaumburg, a family law attorney at Roberts PC can represent your best interests and make sure that your voice is heard in negotiations. Our attorneys have over 40 years of experience, giving us keen insights that we can use to help you achieve success in your case. To schedule a free consultation, call our offices at 630-668-4211 or reach out to us online.