Winfield Divorce Lawyers

Experienced Attorneys for Property Division and Child Custody in Winfield, Illinois

If you and your spouse have reached a point of irreconcilable differences in your marriage, you might consider filing for divorce. When most people hear the word "divorce," they imagine long, exhausting courtroom battles that end in financial ruin. However, you have other options, including negotiating a settlement out of court. You may have reasonable concerns about the legal proceedings involved in ending your marriage, but a dedicated Winfield divorce lawyer can help address these issues and provide you with strong legal counsel.

At Roberts PC, we are ready to assist at any stage of your divorce. We have over 40 years of experience representing our clients' best interests in family law cases, and we can provide sensible solutions to complex problems.

How Is Property Divided in a Divorce?

In Illinois, a married couple's assets will be split up according to what the court considers fair. First, the court will make a distinction between marital and separate property. As a rule of thumb, anything that came into your possession during the marriage will be considered marital property, except for gifts or inheritances that one spouse received. Property that either party owned before your marriage will be separate property. However, separate property can become marital property if it is mixed together, such as when inheritance money is deposited into a shared bank account.

You and your spouse may also be responsible for debts accumulated during your marriage, depending on the circumstances. Mortgages, car loans, and other debts taken out by you or your spouse will likely be split at the court's discretion. Keep in mind that the court's idea of fairness does not always entail an equal share of assets.

Parenting Time Schedules and Parental Responsibilities in Illinois

A divorce with children has extra considerations regarding custody. Unless proven otherwise, a judge will assume that both parents are fit to take care of their child. As such, the courts favor joint custody agreements in which both parents will have reasonable amounts of parenting time and share decision-making responsibility. Sole physical custody will usually only be awarded in cases where one parent is clearly unfit to take care of the child due to substance abuse issues, a history of violence, violent felony convictions, or other concerns about the child's safety and well-being.

To figure out a consistent schedule for parenting time, you and your spouse will have to draft a parenting plan. You can both draft separate documents and submit them to the court, or you can work on a shared parenting plan together. The court will always give preference for the child's best interests when approving a final parenting plan.

Getting an Order of Protection in Illinois

If your relationship with your spouse has become abusive, an order of protection can protect you and your child during your divorce proceedings. In Illinois, you can file an emergency order of protection without giving notice to your spouse, and a judge can grant it based on your testimony alone.

Note that an emergency order of protection is a short-term measure, and it will only be effective for 14 to 21 days until a court hearing can be scheduled. An emergency order of protection is legally enforceable, prohibiting your spouse from contacting you and other protected persons and requiring them to give up any firearms.

In a court hearing, a judge will decide whether to grant a plenary order of protection after both you and your spouse have provided testimony and presented evidence. If approved, a plenary order of protection can last up to two years. It may prohibit all forms of contact with your abuser and provide for decisions regarding child custody and child support, as well as other remedies that the judge decides are appropriate. A family law attorney at Roberts PC can help you get an order of protection during your divorce, taking measures to protect you and your loved ones.

Meet With a Winfield Divorce Attorney Today

At Roberts PC, we are proud to represent residents of Winfield, helping them address divorce and family law issues. To schedule a free consultation with a divorce lawyer today, call our offices at 630-668-4211 or contact us online.