Wheaton Divorce Lawyers

Supportive Divorce Attorneys Representing Clients in Wheaton, Illinois

Every divorce comes with its own unique hurdles to overcome, whether financial or emotional in nature. Reaching a favorable outcome in your final divorce decree requires careful planning and negotiation, but even in the most amicable cases, it can be difficult to determine the best course of action. To safeguard your rights, consider reaching out to a Wheaton divorce attorney.

At Fay & Farrow, we are established as one of the longest-standing Family Law firms in DuPage County and the greater Chicagoland area. We have the legal skills and resources to help you through a myriad of issues and seek to approach each case with a highly individualized strategy.

Should I Settle My Divorce Outside of Court?

Many divorcing couples in Wheaton, Illinois choose to negotiate a settlement rather than proceed to trial. While all aspects of such negotiations may not always be entirely amicable, coming to a resolution in lieu of trial often reduces emotional strain, lowers legal fees, and gives the spouses more control to craft solutions tailored to their personal circumstances. Working with Fay & Farrow will provide you professional guidance and insight to help resolve disputes over property, support, and parental allocations.

However, not every case is suited to out‐of‐court resolution. If one spouse refuses to negotiate in good faith, conceals financial information, or if there are allegations of domestic violence, then litigation may become necessary. All our attorneys at Fay & Farrow are trial lawyers, and can help assess your situation and recommend whether a settlement approach or court action best protects your rights and interests.

What Assets Will Have to Be Divided in an Illinois Divorce?

In an Illinois divorce, most property acquired by either spouse from the date of marriage until entry of a divorce judgment is presumed to be marital property. Nonmarital property—such as inheritances or gifts received by one spouse—typically remains the recipient’s separate property, unless those funds or property are commingled with joint accounts and transmuted into martial property. Common categories of marital assets include:

• Real estate, including the marital residence and vacation properties
• Retirement plans such as 401(k)s, pensions, and IRAs
• Vehicles purchased during the marriage
• Bank accounts, investment portfolios, and cash reserves
• Business interests and professional practices
• Household furnishings, fixtures, collections and personal belongings

Identifying and valuing these assets requires careful documentation and, in complex cases, the assistance of forensic accountants or valuation specialists may be needed. Proper disclosure under Illinois law ensures that all marital holdings are accounted for, enabling more fair and equitable negotiations or judicial determinations.

Is Joint Custody or Sole Custody More Appropriate for My Divorce?

Since 2016, Illinois lawmakers have worked to craft statutory language that makes child-related matters appear less contentious. Part of these efforts have resulted in removing the term “custody” from the statutory language, replacing it with terms like “parenting time” and “allocation of parental responsibilities.” Despite this, many parents still talk about getting “sole custody” or “joint custody” in divorce and parentage cases. Parenting time determinations by the court involve an assessment of numerous factors, including the involvement of each parent, the children’s schedules and activities, the distance between each parent’s homes, as well as other considerations under Illinois law. In practice, absent substantiated allegations of abuse or neglect, it is rare for one parent to receive 100% of the parenting time, and the other parent to receive no visitation rights whatsoever. Courts will more often try to allocate parenting times according to a schedule that reflects each family’s needs, ensuring the child maintains strong relationships with both parents. This cooperative framework often helps children adjust more smoothly by preserving stability and consistency.

We strive to help parents understand what factors which will be considered by the court in evaluating the child’s best interests, and our firm can help you gather evidence for a proposed parenting plan that promotes a healthy upbringing and a stable family environment.

Contact a Wheaton, IL Divorce Attorney

At Fay & Farrow, attorneys have deep insights into Illinois divorce law impacting families in the Wheaton community. We will listen to your goals, explain procedural requirements, and develop a strategy designed to protect your interests. From negotiating settlements to advocating in court, we stand by your side with clear communication and dedicated support. Call 630-961-0060 or contact our Wheaton, Illinois divorce attorneys to set up a free consultation.