Divorce Attorney Rockford IL
At Canfield McKenna, we understand that family law matters are more than just legal cases; they are deeply personal journeys that touch the core of our clients’ lives. Whether you are facing the challenges of divorce, navigating custody arrangements, or dealing with complex marital property issues, our dedicated team is here to offer not only legal expertise but also compassionate support.
Our Family Law Services
Divorce and Legal Separation:
We guide you through every step of your divorce or separation, ensuring your rights are protected and your voice is heard. Our approach balances assertive legal representation with the sensitivity these life-changing events require.
Parenting Plans:
The well-being of your children is our top priority. We work tirelessly to achieve custody and visitation arrangements that reflect the best interests of your children, while also respecting your rights as a parent.
Child Support and Spousal Maintenance:
Navigating financial aspects of a separation can be complex. Our attorneys are skilled in securing fair and equitable child support and spousal maintenance agreements that safeguard your and your children’s financial future.
Property Division:
We bring clarity and fairness to the division of marital assets and debts, ensuring you receive a just outcome that respects your contributions to the marriage.
Post-Divorce Modifications:
Life changes, and so can your divorce agreements. Whether it’s adjusting child support, maintenance, or parenting time, we’re here to help you adapt to new circumstances.
Prenuptial Agreements:
Proactively manage your marital rights and responsibilities. Our team crafts comprehensive prenuptial agreements that protect your interests and provide peace of mind.
Why Choose Canfield McKenna for Your Family Law Needs?
- Experienced Attorneys: Our team brings decades of combined experience in family law, offering a depth of knowledge and a wealth of resources to every case.
- Personalized Attention: We believe in a personalized approach. Every client is unique, and we tailor our strategies to fit your specific needs and goals.
- Community Commitment: As a firm deeply rooted in the Rockford community, we understand the local legal landscape and are committed to making a positive impact in the lives of our clients.
- Collaborative Approach: We advocate for amicable solutions through negotiation and mediation but are fully prepared to represent you vigorously in court when necessary.
When You Need A Divorce or Family Law Attorney,
we can help you through a myriad of legal issues involving your family relationships, including:
• Divorce
• Legal Separation
• Paternity
• Child Support – Child Custody
• Spousal Maintenance
• Allocation of Parental Responsibilities
• Adoption
• Guardianships through Probate
Start Your Journey with Confidence
“Family law and divorce law involve the most sensitive areas of your life, and periods of family transition can be extremely stressful and emotional. Our reliable and caring attorneys have years of experience guiding our clients through these tough times. Our lawyers will help you identify your key objectives and then develop a legal strategy that will assist you in achieving those goals. We have experience resolving conflicts through both negotiated settlements and through litigation.”
When you need a divorce lawyer, request a Free Consultation – Contact A Rockford Divorce Attorney
Frequently Asked Questions
What is a No-Fault Divorce?
In Illinois, the only grounds for divorce is irreconcilable differences, and thus, every divorce is a “no-fault” divorce. This is a departure from prior law, which allowed a spouse to allege that the other had committed wrongs like abandonment or extreme and repeated mental cruelty.
What is an Uncontested Divorce?
An uncontested divorce is when both parties negotiate and come to an agreement on all of the issues surrounding the divorce prior to filing. An uncontested divorce can be completed with a single court appearance and is inexpensive.
What is the Difference Between Legal Separation and Divorce?
Like a divorce, a legal separation is a formal court proceeding that can resolve issues such as spousal maintenance, child support and allocation of parenting time and responsibility while the parties live separate and apart. However, unlike a divorce, a legal separation does not permanently end the marriage and allows for the possibility of reconciliation. If reconciliation does not occur, the ultimate divorce may be less contentious and costly after legal separation because many of the issues surrounding the divorce have already been resolved in the previous court proceeding.
What is Marital Property?
As a general rule, any assets acquired by either spouse during the marriage are considered marital property during a dissolution proceeding and are subject to division by the court. Exceptions include assets received by gift or inheritance by a spouse during the marriage. Such gifts and inheritances are considered that party’s non-marital property and are not subject to division by the court during a divorce.
What is a Marital Settlement Agreement?
A Marital Settlement Agreement (“MSA”) is an agreement between parties to a divorce that resolves non-parenting issues surrounding the divorce such as division of assets and liabilities, spousal maintenance, and child support. If the parties are able to resolve all of these issues through an MSA, a trial will not be necessary.
If the Court Awards Maintenance (formerly known as alimony), How Much Will I Receive?
The Illinois Marriage and Dissolution of Marriage Act provides a formula for calculating the amount and duration of maintenance if it is awarded. The amount is calculated by taking 33 ⅓% of the paying spouse’s net income and subtracting from it 25% of the receiving spouse’s net income. However, if that amount, when added to the receiving spouse’s net income would result in the receiving spouse having more than 40% of the parties’ combined net income, the maintenance amount will be reduced.
Here’s an example. Spouse A has a net income of $40,000.00 and Spouse B has a net income of $100,000.00. Spouse B would be the paying spouse and Spouse A would be the receiving spouse. 33 ⅓% of Spouse B’s net income is $33,333.33. 25% of Spouse A’s net income is $10,000. The maintenance amount would be $23,333.33 (being $33,333.33 minus $10,000.00). However, their combined net income is $140,000.00, and 40% of that is $56,000.00. Paying the full $23,333.33 in maintenance to Spouse A would mean he or she would end up with $63,333.33, which is over the 40% maximum. Spouse A’s maintenance would be reduced down so he or she doesn’t receive over 40% of the combined net income. The maximum Spouse A can have is $56,000.00, and because he or she earns $40,000.00, the maintenance would be reduced down to $16,000.00.
Courts determine how long spousal maintenance payments will continue using a table that multiplies the duration of the marriage by a factor that increases as the duration of the marriage increases. This sounds complicated, but the bottom line is that the longer you have been married, the closer the duration of your maintenance payments will get to equalling the duration of your marriage. If you have been married 20 years or more, the duration of spousal maintenance will either be equal to the duration of the marriage or continue indefinitely.
What Is the Difference Between an Annulment and Divorce?
There are two ways to end a marriage – through divorce or annulment. Annulment is a legal way to declare that a marriage never happened, while divorce is the legal process of ending a marriage. Although both processes have the same goal – to end a marriage – there are some key differences between them.
Annulment is usually quicker and easier than divorce because it does not require any proof or fault. All that is needed is for one party to state that the marriage was never valid in the first place. This can be due to factors such as fraud, bigamy, or mental incapacity. Divorce, on the other hand, requires evidence of fault, such as adultery or abandonment.
Another difference between annulment and divorce is that annulment nullifies the marriage completely as if it never happened. This means that any property or children from the marriage are not affected. Divorce, however, divides up marital property and decides custody arrangements for any children from the marriage.
Finally, another key difference is that annulments are not always available. In some cases, such as when a couple has been married for a long time or has already started divorce proceedings, an annulment may not be possible.
Overall, while both annulment and divorce achieve the same goal of ending a marriage, there are some important distinctions between the two processes.