Divorce and Family Law
Divorce
Few people would agree that divorce is an easy process, and most would conclude that dissolving their marriage is one of the most difficult of life’s experiences. Addressing property division, alimony, and care and support for minor children can be a formidable task. Fortunately, with the right legal representation, you can avoid some of the pitfalls and look forward to a bright post-divorce future.
The divorce lawyers at Bruning & Associates, P.C. are dedicated to providing the highest quality of legal services to our clients. Our talented attorneys are well known for zealously protecting the rights of our clients whether the divorce case is resolved by settlement and negotiation, or at trial. A divorce case is a serious lawsuit, and important rights may be lost unless you hire a trained lawyer very early in the process. The skilled divorce lawyers at Bruning & Associates, P.C. have substantial education, training, experience, and expertise to handle your divorce case.
Please contact us today to set up a free consultation with an Illinois divorce lawyer, and read on for some basics about the laws.
Negotiated Settlements
Most divorce cases are resolved by negotiated settlements, rather than by trial before the judge at the courthouse. Negotiated divorce settlements in Illinois usually take the form of a marital settlement agreement, and where children are involved, by means of a parental responsibility agreement. In simple terms, the marital settlement agreement (“MSA”) is a written settlement agreement providing for spousal support if applicable, child support if applicable, and allocating the assets and liabilities of the married couple.
Likewise, the parental responsibilities agreement (“PRA”) is a written settlement agreement awarding the decision-making authority (“Custody”) of the children to the parents, and establishing the parenting time (“Visitation”) between the children and their divorcing parents. Since most cases are resolved by negotiated settlements, it is important that you and your divorce lawyer take the necessary steps early in your case to work towards a negotiated settlement. The lawyers at Bruning & Associates, P.C., in the appropriate cases, initiate the preparation of the settlement agreements early in order to complete your case as soon as possible.
Likewise, the parental responsibilities agreement (“PRA”) is a written settlement agreement awarding the decision-making authority (“Custody”) of the children to the parents, and establishing the parenting time (“Visitation”) between the children and their divorcing parents. Since most cases are resolved by negotiated settlements, it is important that you and your divorce lawyer take the necessary steps early in your case to work towards a negotiated settlement. The lawyers at Bruning & Associates, P.C., in the appropriate cases, initiate the preparation of the settlement agreements early in order to complete your case as soon as possible.
Mediation
Mediation is an alternative form of dispute resolution sometimes used voluntarily by divorcing couples to settle their differences and sometimes ordered by the divorce court. The mediation process involves selecting a neutral third party, usually a divorce lawyer or a Licensed Clinical Professional Counselor to act as the mediator. The divorcing spouses meet with the mediator to attempt to reach an agreement regarding child custody issues, financial issues, and asset and liability allocation.
In some cases, the divorce court will order the parties to mediation to attempt to resolve child custody disputes. Even though mediation is mandatory in some cases, the mediator cannot force either of the divorcing spouses to settle the case. It is important to obtain legal advice from your own divorce lawyer before attending a mediation session to develop a strategy that will result in a mediation agreement acceptable to you. The skilled divorce lawyers at Bruning & Associates, P.C. have substantial education, training, experience, and expertise with respect to the mediation process, and preparing you for your sessions with the mediator.
In some cases, the divorce court will order the parties to mediation to attempt to resolve child custody disputes. Even though mediation is mandatory in some cases, the mediator cannot force either of the divorcing spouses to settle the case. It is important to obtain legal advice from your own divorce lawyer before attending a mediation session to develop a strategy that will result in a mediation agreement acceptable to you. The skilled divorce lawyers at Bruning & Associates, P.C. have substantial education, training, experience, and expertise with respect to the mediation process, and preparing you for your sessions with the mediator.
Contested Hearings in Illinois Divorce Cases
Issues you cannot resolve via agreement or mediation must go through the litigation process, so the court will apply statutory law to determine the outcome. You should note the following about the key issues in divorce cases:
- Property division requires an equitable distribution of all assets the couple acquired during the marriage.
- Spousal support, i.e., alimony, may be appropriate to balance financial inequities between a higher and lower-earning party.
- Illinois refers to child custody and visitation as allocation of parental responsibilities and parenting time, respectively. Decisions in these areas are based upon the child’s best interests.
For child support, Illinois uses the income shares model that combines resources from both parents to determine the amount a nonresidential parent pays.
Attorney Fees
Illinois law governing divorce cases permits divorcing parties to recover from his or her spouse some or all of the attorney’s fees and/or expenses incurred in the divorce case. Generally, whether a divorcing spouse is entitled to an award of attorney’s fees and/or expenses are matters within the discretion of the Court, and usually depend upon whether either or both parties have the ability and the financial resources to pay their own and the other person’s attorney’s fees. The skilled divorce lawyers at Bruning & Associates, P.C. have substantial education, training, experience, and expertise with respect to Attorney’s Fees proceedings in the divorce court.
Interim Attorney Fees
Illinois law governing divorce cases permits one of the divorcing spouses to request the divorce court to order the other divorcing spouse to pay and/or contribute to his or her attorney’s fees during the course of the divorce case proceedings and before entry of the final divorce decree. Generally, whether a divorcing spouse is entitled to an interim attorney’s fee award depends upon certain factors, including:
- The spendable cash, bank accounts, and/or credit available to the spouse seeking attorney’s fees;
- The amount that the spouse seeking the attorney’s fees has paid to his or her attorney;
- The cash, bank accounts, and/or credit available to the spouse from whom the attorney’s fees are sought; and,
- The amount paid to the attorney of the spouse from whom the attorney’s fees are sought.
The skilled divorce lawyers at Bruning & Associates, P.C. have substantial education, training, experience, and expertise with respect to Interim Attorney’s Fees proceedings in the divorce court.
Trust an Illinois Divorce Attorney to Guide You Through the Process
Bruning & Associates, P.C. has offices conveniently located near you in Chicago, Schaumburg and Crystal Lake, Illinois. Please contact Bruning & Associates, P.C. to schedule your free consultation regarding your divorce case.
Serving clients with respect to divorce, negotiated settlements, and mediation in Northern Illinois, including Cook County, DuPage County, Kane County, McHenry County, Lake County, Will County, Boone County, DeKalb County, Kendall County, LaSalle County, and Winnebago County.
Serving clients with respect to divorce, negotiated settlements, and mediation in Northern Illinois, including Cook County, DuPage County, Kane County, McHenry County, Lake County, Will County, Boone County, DeKalb County, Kendall County, LaSalle County, and Winnebago County.
