Wheaton, Illinois Divorce Lawyer

Trusted Divorce Lawyers Advocating for Spouses in Wheaton, Illinois

Getting a divorce can be a time-consuming, exhausting process. However, you do not have to manage it by yourself. By working with an attorney, you can stay continually informed of your rights during negotiations for property division, child custody, and spousal support. If your divorce goes to trial, having legal representation can make a major difference when you present your case.

At Smit Zaruba P.C., our Wheaton divorce lawyers have the skills and experience to help you navigate the stresses of a divorce. We have been recognized with honors from Super Lawyers, highlighting our professional excellence and commitment to serving our clients' needs.

How Is Property Division Handled in an Illinois Divorce?

Dividing property in an Illinois divorce is rarely as simple as splitting everything down the middle. Illinois adheres to the principle of equitable distribution, which does not necessarily mean that your assets will be divided 50/50.

If spouses cannot reach an agreement, the court will classify property as either marital or non-marital. Marital property generally includes assets and debts acquired during the marriage, regardless of whose name appears on the title.

Non-marital property may include assets owned before the marriage, certain inheritances, and gifts given to one spouse alone. After classifying property, the court considers multiple factors to determine a fair allocation. These can include the length of the marriage, each spouse's financial situation, contributions to the marriage, and future earning capacity.

Many divorcing couples, however, never ask a judge to decide how their property will be divided. They negotiate a marital settlement agreement instead. Through direct negotiation, attorney-led discussions, or mediation, spouses can decide how to divide real estate, retirement accounts, business interests, personal property, and debt in a way that fits their unique circumstances.

Who Gets Custody in a Wheaton Divorce?

Illinois law no longer uses the term "custody." Instead, the court allocates parenting time and decision-making responsibility. A parent's authority to make decisions may concern education, healthcare, religion, and extracurriculars.

When parents cannot agree on a parenting plan, the court decides these issues based on the child's best interests. Judges evaluate a range of factors, including the child's connections to each parent, the parents' ability to cooperate and foster a healthy family dynamic for the child, the child's attachment to their school and home, and any history of abuse or neglect within the family.

In many Wheaton divorces, parents work together to create a parenting plan outside of court. A negotiated agreement can give parents more control over schedules, holiday arrangements, and communication guidelines. Courts typically approve these agreements if they serve the child's best interests.

How Is Spousal Support Decided in Illinois?

Spousal support (also known as maintenance or alimony) is not automatic in every divorce. A court must first determine whether maintenance is appropriate. In making that decision, the judge reviews statutory factors such as how long the marriage lasted, each party's income and property, the standard of living the couple was accustomed to during the marriage, and each spouse's earning capacity.

In many cases, Illinois courts use guideline formulas to calculate the amount and duration of maintenance. For higher-income cases, courts may deviate from guidelines and exercise broader discretion. Maintenance may be temporary, rehabilitative, reviewable, or, in longer marriages, indefinite.

Spouses may also negotiate their own maintenance terms. They can agree to a specific payment structure, duration, or even a lump sum. These agreements must be fair and are subject to court approval, but they allow couples to tailor support to their financial realities.

Contact a Wheaton, IL Divorce Lawyer

Divorce affects your property, your finances, and your relationship with your children. At Smit Zaruba P.C., we provide strategic guidance tailored to your goals and circumstances. Call 630-480-7600 or contact our Wheaton, IL divorce attorneys to schedule a consultation.