Family Law Attorney in Naperville, Illinois

Matters involving relationships between family members, such as premarital agreements, divorce, legal separation, alimony, asset division, child support, custody, and parenting time, are usually sensitive and may require some legal legwork. With heightened emotions involved, getting proper guidance is imperative to understand your legal options and make informed decisions.

If you are thinking about making familial changes such as divorce, marital agreement, or child custody, consulting with an experienced Illinois family law attorney is crucial for detailed guidance. At Emmerth Divorce Law, PLLC, I'm committed to offering reliable advocacy and knowledgeable legal counsel to individuals and couples in various family law-related matters. Also, I have the experience and knowledge to review your personal situation and educate you about your available legal options.

My firm – Emmerth Divorce Law, PLLC – is proud to serve clients across Naperville, Illinois, and surrounding areas throughout Hinsdale, Wheaten, Warrenville, Oak Brook, and Geneva.

Post- and Prenuptial Agreements

In the state of Illinois, married couples or engaged spouses can enter into a marital agreement to determine how their property and assets will be managed or distributed in the event of marital dissolution – legal separation or divorce

A prenuptial agreement (prenup) is a marital agreement entered into by engaged spouses before getting married. Conversely, a postnuptial agreement (postnup) is a marital agreement established by married couples after getting married.

Whether it is a prenup or postnup, marital agreements help couples define expectations, provide financial security, protect their assets, children, and finances, and eventually achieve peace of mind. A trusted family law attorney can help draft a marital agreement that fits your unique needs and make sure it is legally binding, valid, and enforceable.

Divorce in Illinois

Divorce offers a way to end or dissolve your marriage legally. To file for divorce in Illinois, you or your partner must be a resident of the state for at least 90 days prior to filing. There is no mandatory waiting period. How long the divorce takes will depend on several factors, such as length of the marriage, children, the County you are in, and to what extent you and your spouse can agree on different issues.

Uncontested vs. Contested Divorce

In an uncontested divorce, both spouses mutually agree on crucial terms of the divorce settlement, including property division, spousal support, child custody, and support. All agreed-upon terms will be filed with the Illinois court for official approval.

Conversely, in a contested divorce, both spouses are unable to agree on one or more essential divorce settlement terms. Court intervention may be required to settle such pending divorce issues and relationship matters. During the divorce hearing, the judge will allow both parties to present their case and issue a final divorce order.

Spousal Support

Alimony (Maintenance) or spousal support is a court-ordered monthly payment that requires the higher-earning spouse to provide financial help to the lower-earning or unemployed spouse – for a period during the divorce process or after the divorce. In Illinois, alimony is only awarded if one spouse needs financial assistance and the other party can afford to pay.

Gray Divorce

Gray divorce or late-life divorce is a marital dissolution that occurs between spouses who are at least 50 years. On a positive note, filing for a gray divorce can be blissful, liberating, and help you find happiness and peace of mind. An experienced lawyer can enlighten you about the important considerations when divorcing later in life and help you make intelligent decisions.

Post-Divorce Modifications

In every divorce case, the ultimate goal is reaching a settlement agreement with your estranged partner. Unfortunately, due to changes in circumstances, the original divorce terms may become inconvenient or unfair to either spouse over time. In Illinois, either ex-spouse may be eligible to file a post-divorce motion seeking changes to existing family law or divorce agreement.

International Divorce

International divorce involves applying for marital dissolution in another country. Due to the different laws and protocols regarding divorce, child custody, and asset division in each country, filing for an international divorce often involves a lot of complexities. Therefore, working with an attorney who is well-informed about international divorce is crucial for proper guidance.

Children and Divorce

In Illinois, a custody order (allocation judgment) or parenting plan will determine matters such as who gets physical and legal custody, child support amounts, visitation schedule, and other issues pertaining to children in the divorce.

Child Custody

Child custody arrangements (allocation judgments) are often established to determine the rights, duties, and responsibilities of each parent. In an Illinois divorce, the court may grant custody either solely to one parent (sole custody) or shared between both parents (joint custody). Also, the custody order will help determine which parent will get physical and legal custody. However, custody will only be awarded based on the best interests and welfare of the child – with different factors considered.

Child Support

In Illinois, parents going through a divorce may need to establish quality child support arrangements as part of the parenting plan. The purpose of the child support payments is to help maintain the child's living standard, assist with their living expenses, and provide for their other financial needs. An experienced child support attorney can enlighten you about the different factors that are often considered to determine the right amount of child support.

Parenting Time Schedule

Parenting time or visitation schedule determines when a child will spend time living in each of the parent's homes or under their care. A quality parenting time schedule will address issues such as exchange times, weekend and weekday visits, and overnight visits. These days, the court encourages equal parenting time and regular contact with both parents.

Turn to Knowledgeable Legal Guidance

Getting proper guidance when making familial changes or resolving domestic relationship issues is crucial. I have the diligence, resources, and expertise to assist and guide clients in family law-related matters, including divorce, alimony, property division, child custody, and support. As an experienced attorney, I can evaluate your unique circumstances and help you understand your possible legal options.

Whether you want to file for divorce or need help establishing marital agreements, spousal support arrangements, or parenting plans, I have the experienced guidance and advocacy you need.