Will County, IL Divorce Attorneys

Supportive Divorce Lawyers for Clients in Will County

At the end of your marriage, a divorce can seem very intimidating. You and your spouse may have to settle numerous issues, such as the division of marital property, questions about maintenance (formerly known as alimony), as well as child support and child custody (now called parenting time or allocation of parental responsibilities), when children are involved. A skilled Will County divorce lawyer can help you work through these issues and many more as they arise.

As one of the longest-standing Family Law firms in Naperville, Illinois, serving Will County and the greater Chicagoland area, Fay & Farrow has a history of helping clients through even the most complicated divorces and child custody matters. When you work with us, you can take comfort knowing that your case will be handled by a team of experienced attorneys, who regularly practice in the Will County courts.

What Property Is Divided in a Will County 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. There are, of course, exceptions to this rule, but marital property can include everything from the family home to cars, boats and recreational vehicles to art and personal collectables to retirement accounts. Illinois follows the principle of equitable distribution, which means the courts aims for a fair division of marital property rather than a strict equal 50/50 split, although that does often occur. To understand what might be on the table, consider common categories of marital assets:

• 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 and personal belongings

Each case brings its own nuances. For example, a home purchased before marriage may remain separate, nonmarital property, yet improvements and contributions made with marital funds can result in a portion of its increased value being reimbursable to the marital estate. Similarly, inheritances and gifts given solely to one spouse typically remain the recipient’s nonmarital property, unless those funds or property are commingled with joint accounts and transmuted into martial property. When these lines blur, a skilled attorney can help you trace the origins of each asset to protect what belongs to you.

Negotiating for Alimony (now Maintenance) in Your Divorce

Alimony—currently called maintenance—serves to bridge the financial gap that can arise when one spouse earns significantly more than the other. Negotiations often begin by assessing each party’s income, earning capacity, health, age, and length of the marriage. Will County judges weigh these and other factors under Illinois law in seeking to preserve the standard of living during the marriage, subject to the limitations provided by statute.

Couples may agree or the Court may rule on temporary maintenance during the divorce proceedings, long-term support for marriages of many years, or rehabilitative maintenance for a spouse returning to school or workforce training. By presenting clear documentation of earning histories, household expenses, and any sacrifices made for the marriage, you can better position yourself to seek the full benefit of your rights under the law.

What Is the Best Interests Standard in a Custody Case?

When children are involved, the court’s paramount concern is the well-being of the child(ren). Illinois uses the standard of what is in the child’s “best interests” in deciding allocations of parenting time and decision-making responsibilities. This multifaceted test examines numerous statutory factors, such as:

• The child’s relationship with each parent and siblings
• Each parent’s willingness to encourage a positive relationship with the other parent
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved

Courts may consider expert recommendations, reports and recommendations from a Guardian Ad Litem (GAL) or Child Representative, and testimony from teachers or counselors. The goal is to craft a parenting plan that fosters stability, growth, and emotional security for the child, no matter which household they are in.

Meet With a Will County, Illinois Divorce Lawyer

Navigating property division, alimony negotiations, and custody disputes can feel overwhelming. By working with experienced legal counsel, you gain clarity on your rights, realistic expectations for outcomes, and a dedicated advocate in negotiation or litigation.

Our firm is here to look out for your interests from the beginning of your case to the end. Call 630-961-0060 or contact our Will County, IL divorce attorneys at Fay & Farrow to schedule a free consultation.