Serving DuPage County Family Law Clients in Complex Divorce Cases
The Peskind Law Firm is dedicated to providing comprehensive, high-quality representation to divorce clients in and around Glen Ellyn.
Attorney Steven N. Peskind knows that divorce clients need more than a legal practitioner who knows how to draft documents and manage a hearing. Ending a marriage is a complicated and stressful process that touches every area of a person’s life, and our legal team is prepared to manage every aspect of the case. We even have a certified public accountant (CPA) on staff to analyze financial records and help ensure that all income and assets are accounted for.
Glen Ellyn Divorce FAQs
If you’re like most people embarking on divorce proceedings, you have a lot of questions about what to expect. While the best source of answers to your individual questions is a consultation with an experienced local divorce lawyer, here is some general information regarding the questions we hear most often:
How will the court determine custody of minor children?
In Illinois, what most people think of as “custody and visitation” is legally described as “allocation of parenting time and decision-making rights.” To determine the amount of time children should spend in the care of each parent and how decision-making power is allocated, the court may consider any factor that impacts the best interests of the children.
In particular, the statute sets forth the following considerations:
- Existing relationships with parents, siblings, and others
- Past responsibility for caretaking activities and participation in decision making
- The mental and psychological health of the parents, children, and anyone else involved
- The parents’ willingness and ability to cooperate and to foster the child’s relationship with the other party
- Any history of or potential for violence
- The children’s adjustment to home, school, and community
While the parents may submit an agreed arrangement, called a “parenting plan,” the court will approve the plan only if it deems the arrangement to be in the best interests of the children.
How does the court decide who gets what and who pays what?
The goal of an Illinois divorce court is to achieve “equitable distribution” of marital property and outstanding debts of the marriage. It’s important to note that “equitable” in this context means something more akin to “fair” than “equal.” Although division of debts and assets may often bee more or less equal, that will depend on a number of considerations. For example:
- How long the parties were married
- The contributions of each to the marriage (including non-economic contributions)
- Any diversion or dissipation of assets by either party
- Any relevant tax considerations
- Each spouse’s earning capacity
- Any spousal support (also called maintenance, or alimony) awarded
The court will also take into account information such as the age and health of each spouse.
Are retirement accounts divided like other property?
Retirement accounts are subject to equal division. However, the split doesn’t necessarily apply to all of the funds in a retirement account. Rather, each spouse is entitled to 50% of the amount accrued during the marriage. Whether or not you are entitled to a share of your spouse’s pension (or vice versa) depends on the specifics of the plan.
What can I do if I believe my spouse is hiding assets or misrepresenting income?
Unfortunately, we know that not everyone plays by the rules in a divorce. Fortunately, the courts and legislature know that, too. A divorce case offers an opportunity to conduct “discovery,” which is a means of requesting testimony and records from the other party. This information is provided under oath. If you have reason to believe that the information provided through the discovery process is false or incomplete, your attorney can initiate further investigation. At the Peskind Law Firm, this often includes review and analysis of financial records by our in-house CPA to help establish accurate income figures and other financial information.
What if I signed a pre-nuptial agreement?
A valid pre-nuptial agreement (or post-nuptial agreement) will usually be binding. However, the validity of the agreement may be challenged if either party can prove that he or she did not enter into the agreement knowingly and voluntarily. The court also has legal authority to deviate from the terms of the agreement if—due to circumstances that were unforeseen at the time the agreement was executed—modification is necessary to provide for the support of a spouse who would otherwise suffer hardship.
Choosing the Right Glen Ellyn Divorce Lawyer
The more complicated and contentious your divorce case is, the more important it is to work with the right law firm. For example, you’ll want to take special care in selecting your advocate if you:
- Are facing a complex process in dividing a high-asset marital estate,
- Own a business with your spouse or have a spouse who is self-employed,
- Anticipate that your spouse will not disclose income accurately,
- Believe that your spouse may already have diverted assets or be preparing to divert assets,
- Signed a pre-nuptial or post-nuptial agreement that you hope to have set aside,
- Expect a fight over time with your children and decision-making power, or
- Have significant income disparity with your spouse
If you are facing any of these issues or otherwise expect that your divorce case may be complex or something less than amiable, the legal team at the Peskind Law Firm has the knowledge, dedication, experience and tenacity to navigate the process on your behalf, answer your questions, fight for your rights, and ensure that your interests are protected at every stage of the proceedings.
The sooner you get an experienced advocate on your side, the better. You can schedule a consultation right now by contacting us at 630-444-0701.
Have a question?