DuPage County Divorce Lawyer
At the Law Offices of Nick Kulagin, we are dedicated to protecting your family, your home, and your business. Based in Wheaton, our family law and estate planning lawyers work diligently to assist people in DuPage County, Kane County, and the surrounding communities with their legal needs. With over 15 years of experience, we understand that every case is different, and we can meticulously investigate the details of your situation before crafting a strategy that is tailored to your goals.Protecting Your Interests when Dissolving a Marriage
Our DuPage County divorce lawyers are familiar with the nuances of all aspects of family law, ranging from property division, child support, child custody, and spousal support to prenuptial agreements, orders of protection, and grandparents’ rights.
Under Illinois law, the process of divorce begins with a Petition for Dissolution of Marriage. State law recently abandoned fault grounds for divorce in favor of “irreconcilable differences,” which will become the sole basis to end a marriage. Either spouse can file for divorce. Any individual is eligible for a divorce if he or she resides separately from his or her spouse for a period of six months or more. In that case, there is an irrebuttable presumption that irreconcilable differences exist. In cases when a marriage lasts less than six months, or the spouses have not lived apart for six months, proof of irreconcilable differences must still be presented.
Issues of property division must often be decided when a marriage dissolves, and an experienced DuPage County divorce attorney can help you through this process. Illinois is an equitable distribution state, which means that marital property must be divided equitably between the spouses. Marital property refers to any assets obtained by either spouse over the course of the marriage, except: (1) property acquired by gift, legacy; (2) property acquired in exchange for property acquired before the marriage; (3) property acquired by a spouse after a judgment of legal separation; (4) property excluded by a valid prenuptial agreement or a postnuptial agreement; (5) any judgment or property obtained by judgment awarded to a spouse from the other spouse; (6) property acquired before the marriage, except as it relates to retirement plans that may have both marital and non-marital characteristics; (7) the increase in value of non-marital property; (8) income from marital property. It is important to note that equitable does not necessarily mean equal. Instead, the court will divide the property between the spouses in a way that is considered fair. What a court considers fair will depend on a number of factors and will vary depending on the situation.Family Law and Estate Planning Attorneys Serving the DuPage County Area
Parents who decide to part ways still have a financial obligation to their children. In Illinois, the parent who spends less than half of the time with the child typically pays child support to the parent who spends more than half of the time with the child. Illinois courts determine the amount of child support a parent will pay by examining the Child Support Guidelines of the state. A court also will consider factors such as the income of each parent, the custody arrangement, the child’s standard of living, and any special needs of the child. Child support obligations stop either when the child reaches 18, or if the child has not graduated high school the date when the child graduates high school but no later than the child’s nineteenth birthday. Child support may terminate earlier if that child becomes emancipated. In some instances, such as when the child pursues post-secondary education or remains dependent due to an illness or disability, the child support payments may continue beyond the age of 18. A DuPage County divorce lawyer can help you and your family navigate these issues.
Our attorneys also represent Illinois residents in estate planning matters. Making thoroughly articulated arrangements in advance can spare your loved ones from uncertainty and anxiety about important issues in the event of your death or incapacitation. In this area, we can help clients with fashioning wills, trusts, and powers of attorney. A will is a legal document that is designed to resolve a variety of issues upon the testator’s death, including the distribution of assets, a designation of a guardian for any minor children, the payment of debts, and the designation of a personal representative. Wills must be carefully drafted and must meet certain requirements in order to be legally valid.Seek Legal Guidance for a Divorce, Will, or Trust in DuPage County
From our Wheaton offices, our diligent family law and estate planning attorneys vigorously represent residents of DuPage County, Kane County, Geneva, Naperville, and the surrounding areas at critical times in their lives. At the Law Offices of Nick Kulagin, we are ready to put our knowledge to use in your case and guide you through each step of the legal process. We also represent clients in Hoffman Estates, Aurora, Chicago, and other communities. For a free and confidential consultation, do not hesitate to contact us online or call us at (630) 480-6399.