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Divorce Lawyers in Rockford IL
Family law and divorce law involve the most sensitive areas of your life, and periods of family transition can be extremely stressful and emotional. Our reliable and caring attorneys have years of experience guiding our clients through these tough times. Our lawyers will help you identify your key objectives and then develop a legal strategy that will assist you in achieving those goals. We have experience resolving conflicts through both negotiated settlements and through litigation.
canfieldmckennalaw.com
Although divorce is common throughout the United States, the divorce process varies depending on the couple’s situation. Short-term marriages without children or property typically result in a less complex and time-consuming divorce than long-term marriages with significant property entanglements, marital debt, and minor children. Additionally, divorcing couples who work together to negotiate the terms of the divorce (child custody, child support, property division, debt allocation, and spousal support) will experience a less expensive and less stressful divorce than couples who can’t agree or refuse to work together.
Frequently Asked Questions
What is a No-Fault Divorce?
In Illinois, the only grounds for divorce are irreconcilable differences, and thus, every divorce is a “no-fault” divorce. This is a departure from prior law, which allowed a spouse to allege that the other had committed wrongs like abandonment or extreme and repeated mental cruelty.
What is an Uncontested Divorce?
An uncontested divorce is when both parties negotiate and come to an agreement on all of the issues surrounding the divorce prior to filing. An uncontested divorce can be completed with a single court appearance and is inexpensive.
What is the Difference Between Legal Separation and Divorce?
Like a divorce, a legal separation is a formal court proceeding that can resolve issues such as spousal maintenance, child support and allocation of parenting time and responsibility while the parties live separate and apart. However, unlike a divorce, a legal separation does not permanently end the marriage and allows for the possibility of reconciliation. If reconciliation does not occur, the ultimate divorce may be less contentious and costly after legal separation because many of the issues surrounding the divorce have already been resolved in the previous court proceeding.
What is Marital Property?
As a general rule, any assets acquired by either spouse during the marriage are considered marital property during a dissolution proceeding and are subject to division by the court. Exceptions include assets received by gift or inheritance by a spouse during the marriage. Such gifts and inheritances are considered that party’s non-marital property and are not subject to division by the court during a divorce.
What is a Marital Settlement Agreement?
A Marital Settlement Agreement (“MSA”) is an agreement between parties to a divorce that resolves non-parenting issues surrounding the divorce such as division of assets and liabilities, spousal maintenance, and child support. If the parties are able to resolve all of these issues through an MSA, a trial will not be necessary.
Canfield & McKenna Attorneys at Law
1111 S Alpine Rd. #704
Rockford, IL 61108
815-968-7200
