Family Law

Divorce Attorneys Assisting Individuals in DuPage County and Beyond

At the Law Offices of Nick Kulagin in Wheaton, our experienced divorce lawyers can advocate for people in DuPage County, Kane County, and other nearby areas who are facing difficult family law issues. We understand that these matters are deeply important and often stressful, and we are committed to providing knowledgeable, compassionate assistance. In practice for over 15 years, we can work tenaciously to protect your family, your home, and your business at every step of the process.

Dissolving a Marriage under Illinois Law

Dealing with a divorce is never easy. The state of Illinois recently abandoned fault grounds for divorce in favor of “irreconcilable differences,” which will be the only basis to dissolve a marriage. Irreconcilable differences simply mean that the marriage has broken down beyond the point of repair. If the spouses have lived separately for six months, there is an irrebuttable presumption that irreconcilable differences exist. However, if the spouses have not lived apart for this period of time, they must prove that irreconcilable differences have arisen.

In contrast to a traditional divorce, a legal separation allows spouses to resolve most of the same issues, such as property division (by agreement only) and child custody, but stay legally married. The couple can live apart and divide obligations without officially terminating the marriage. The spouses cannot remarry after a legal separation, since they are still legally married. Couples sometimes choose legal separation as opposed to divorce for cultural or religious reasons.

Illinois is an equitable division state, which means that at the time of divorce, the couple’s marital property is divided in a manner that is fair. Marital property refers to assets acquired by either spouse over the course of the marriage. Separate or non-marital property consists of property owned before the marriage, property received through a gift or inheritance, property specifically designated as non-marital property by a legal agreement, or any property acquired by a spouse after a judgment of legal separation. Non-marital property belongs solely to one spouse and is not subject to division at the time of a divorce.

Perhaps one of the most difficult issues that may come up in a divorce is the question of child custody. Recent changes in the law have rejected the idea of “child custody” in favor of “parental responsibility.” Courts will allocate parental decision-making and time with the children rather than determining child custody and visitation. While the name has changed, the underlying issues are the same. Determinations of decision-making and allocation of time will be decided according to what is in the best interest of the child.

Consult an Experienced DuPage County Lawyer for Family Law Help

At the Law Offices of Nick Kulagin, we have extensive experience helping clients navigate the nuances of family law matters. Based in Wheaton, our attorneys can advise residents of DuPage County, Naperville, Aurora, and nearby communities with child custody, child support, property division, spousal support, and other issues that may arise from a divorce. We also represent people in Mount Prospect, Oak Park, and across Kane County. To schedule a free consultation, you can contact us online or call us at (630) 480-6399.

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