The Law Office of Erin M. Wilson bring experience in all types of divorce cases, ranging from uncontested divorces to complex financial and child custody disputes. Each case is treated uniquely, and we offer services ranging from drafting up paperwork from an amicable agreement reached by the parties to mediation to litigation and everything in between. We understand that your initial questions may be regarding the length of time a case may take and how much it may cost. Please refer to the FAQ.
Illinois has eliminated all grounds for divorce except for “irreconcilable differences.” Irreconcilable differences are sincere, permanent differences between the spouses that have led to an irretrievable breakdown in the marriage. Spouses to do not have agree to get divorced, one spouse can decide that the marriage is over, and the divorce will move forward. This can be hard for the other spouse if he or she is not emotionally ready to be divorced. Also in Illinois, divorces are “no-fault.” No one spouse can be financially punished for the breakdown of the marriage. However, one parties’ misuse of marital funds after its irretrievable breakdown will be considered in the disposition or allocation of the marital estate.
In a divorce case, the marital property is divided between the spouses so they can be financially separated. Courts take into consideration many factors when dividing the marital estate, in the absence of a written pre or post nuptial agreement. Illinois is an “equitable” division state, which does not always, but typically means equal division. Some estates are divided on a disproportionate basis, when considering factors such as if a party has substantial non-marital estate, the award of maintenance, and the parties’ ages, health and income.
The discovery process may be necessary to learn about the financial holdings and income levels of the parties. If you were not the spouse in control or even with access to the financial information, we will be able to obtain this information from the other side and if they are not cooperative or if you have concerns over the information tendered, we have the ability to send subpoenas to employers, businesses, banks and close friends, relatives, or significant others of a spouse.
At The Law Office of Erin M. Wilson LLC, we work with our clients on an individualized basis, to determine what process will best fit the needs of your family, and counsel you to obtain the best outcome. Some of the issues to consider include whether you should attempt to retain your marital home, the allocation of various assets and debts, how to divide retirement accounts, how to value the assets, and which are marital and non-marital. We are also happy to work with your financial advisors so you feel most comfortable with an amicable resolution or preparing for contested litigation pursuing all of your rights and protecting your interests.
Please contact The Law Office of Erin M. Wilson LLC for a consultation regarding regarding your divorce.