Aurora, Illinois Divorce Lawyer
Are you dealing with a family law issue in Batavia?
If you are considering divorce as an alternative to a continuation of marriage, it is wise to spend time considering what your personal needs and goals are for your divorce. Divorce is one of the most strenuous situations a family can find themselves in because of the heightened emotions and the severing of ties with your spouse. Regardless of whether you are a high net worth individual or have limited means, there is much at stake and a great deal can be lost.
Once you decide that divorce is the right decision for you and your current spouse, you probably have a number of questions regarding your rights and your future. If you do not know where to turn next, contact the law office of Michael T. Schulenberg, Attorney at Law at (630) 454-4039. As an experienced Aurora divorce attorney, I will walk you through the process involved and help you formulate an effective strategy. If you are in need of legal assistance to enforce the status of a previous divorce, I also have extensive experience in post decree family law cases. Please do not hesitate to come to me with any questions, visit the
ask a divorce attorney page to get answers to your specific situation.
Michael T. Schulenberg, Attorney at Law
428 South Batavia Avenue
Batavia, IL 60510
My firm is located near Aurora, Illinois and boasts an extensive amount of experience in divorce cases ranging from child support to
grandparents' rights. It is my goal to give strong and uncompromising representation in each and every case I take on so that a favorable outcome may arise. I believe that each case is unique and special, and this plays out in the manner in which I interact with each individual or family I work with. Each person that enlists my help as an Aurora divorce attorney has separate emotional stresses that will affect how their case is approached and conducted. I obtain results for my client by providing spot on consultation and attention to the smallest details of each case. I understand that in order to obtain superior results, I must recognize that no two cases are exactly alike and therefore, no two cases should have the same format.
Legal Grounds for an Illinois Divorce
Illinois is a "no fault" state meaning that in order to get divorced you do not have to prove that you are the victim or were the victim of a wrongful act. Having the consent of your spouse makes the process of a divorce much easier, but is not required. A divorce can be conducted on the basis of discord between the two parties that has broken down their emotional and physical relationship. In this case, reconciliation of the two parties has been tried and failed or is seen as an unfavorable option. Most cases are resolved quickly under "no fault" grounds regardless of how long the parties have been living in physical separate locations.
In some cases, it may be necessary to pursue dissolution of marriage under fault grounds. With the help of a skilled Batavia divorce attorney, you can proceed with a divorce under fault grounds provided that your spouse was not provoked or pressured into committing the act that caused the breakdown of the marriage. Fault grounds include adultery, domestic violence the infection of the respondent of sexually transmitted diseases, the respondent's addiction to drugs for 2 or more years, alcoholic tendencies for an excess of 2 years, conviction of a felony, and the abandonment of family for 1 year or more. Illinois Law provides that all marital property and marital debts shall be divided amongst the parties regardless of fault. In most cases therefore, it is not necessary to prove the dissolution of marriage based on fault grounds. There may be strategic reasons to pursue a divorce based on fault; however, those situations should be evaluated on a case by case basis.
Steps to a Divorce in Batavia & Aurora, IL
When experiencing the situation of a divorce, having the ability to put one foot in front of the other is challenging in itself. Taking the necessary actions to set the divorce in motion takes great effort, which is why an Aurora divorce attorney should be on your side to help you with the legal aspects involving the separation. Understanding the aspects of a divorce, including child custody,
visitation rights will help in bringing about the proper outcome. It is important to be knowledgeable of the basic steps involved in a divorce so that the natural pain and discomfort of a divorce can be limited. Your rights can be better protected when the necessary proactive steps are taken.
The first formal step in a divorce process is the drafting and filing of a Petition for Dissolution of Marriage. The party that signs the form is considered the Petitioner and the opposing party is the Respondent. There are a few things that you must know prior to filing a Petition for Dissolution. The first and foremost is that a Petition for Dissolution of Marriage is a public record and therefore should not contain an excessive amount of personal information. Once the Petition is filed, the second step is serving the Respondent. The spouse must then be given, or "served," both the Petition and a Summons in order to be subject to jurisdiction of the court. Once the parties are subject to the jurisdiction of the court, a date must be set for the court to determine the amount of child support and spousal support.
In this step, a Response must be filed by the Respondent within 30 days. Step four primarily involves a financial investigation. During this step, your Aurora divorce lawyer must collect data regarding the personal (non-marital) and joint assets (marital assets) of the marriage or what is called the (marital estate). At the end of the day, you want to maximize your share of the marital assets and minimize your share of the marital debts.
In order to do this, I may have to do formal discovery or serve subpoenas on banking institutions, holders of retirement accounts or employers. In many cases, however, it may be appropriate to obtain this information via self-disclosure with your spouse signing under the penalties of perjury that he or she has made a full disclosure of his or her assets. The appropriate way to proceed will depend largely upon the facts of your case, and I will help you make the right decision for your situation.
The main purpose of the fifth step is to resolve any disagreements between the parties. Once you and I have worked to develop a clear picture of the marital estate; there is no reason why the matter should remain unsettled. If both parties are unable to reach an agreement, the attorneys involved can decide to give the controversial issues to the Judge during what is called a Pretrial conference. If the matter cannot be resolved at a pre-trial, a trial is then conducted to resolve any issues not agreed upon by the parties where decisions are made by the Judge.
Aurora Divorce Attorney: Protecting Your Rights
Protecting your rights is important in every family law disagreement and case. Everything is at stake, and that is why it is it is vital to have a divorce lawyer who is willing to fight for your interests. As a dedicated Aurora divorce attorney, I will do everything in my power to bring about an amicable resolution that is fair and in your best interests. Keep in mind that while most cases are resolved by agreement, I will not hesitate to bring the case to trial if court is necessary for my client's situation and case. No matter what battle you are facing or the reason for divorce, I will provide you with the necessary attention and time to win your case and your life back.
The protection of your rights is my number one priority, and that is why I take personal time in assessing the exact method that must be set in place to fight your case. If you are undergoing the challenging situation of a divorce, you are probably in a desperate battle that needs the assistance of a divorce and family law attorney who strives for effective results for each individual case. I provide a free consultation so that financial strain is not an added stress to your already demanding situation. My firm serves clients in Aurora and Batavia, Illinois, so call today.
During our initial consultation, we will carefully go over some of the details of your case and establish your unique goals for your divorce or family law matter. I understand the delicate nature of high net worth divorce cases and domestic violence cases as well, and I genuinely care about you and your future. You will find my free advice timely and beneficial to your wallet and your state of mind. Payment plans are also available for clients, so call today!
Contact an Aurora divorce lawyer today at (630) 454-4039 for the personalized attention you need during your divorce.