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630-407-1200
400 Knoll Street, Suite AB, Wheaton, IL 60187
Experienced. Formidable. Compassionate.
DuPage County Legal Separation Attorneys
Lawyers Helping Clients Obtain a Separation in Wheaton, Glen Ellyn and Surrounding Areas
A legal separation is not the same thing as living physically apart from your spouse. When a married couple is granted a legal separation, they are not only living apart but they are also subject to a court order that describes each spouse's rights and responsibilities for financial and other issues of the marriage. Separation is not as common as divorce, but there are many circumstances in which a legal separation can be advantageous.
The knowledgeable team of legal professionals at Nagle & Giese, P.C. have the experience and resources needed to help you determine if a legal separation is the best choice for your unique situation. If so, we will guide you through the legal separation process and ensure that your rights are fully protected along the way. If not, our team will help you explore other options that can meet your goals.
Advantages of Obtaining a Legal Separation
There are several reasons that a married couple may seek a legal separation. In many cases, a couple is simply not sure that their marriage is truly over but wants to have protection against the financial ties of marriage. They may still hold out hope that their differences will be able to be resolved after some time apart. In this situation, a legal separation allows the couple to separate their finances, as well as to determine arrangements for parental responsibilities (child custody), child support, and spousal maintenance while still remaining married. If the couple later decides to reconcile, they will be able to do so without needing to get remarried. If they choose to proceed with a divorce, they will have already discussed many of the relevant divorce issues and will likely benefit from a more streamlined divorce process.
Property and debt accumulated by either spouse after a judgment of legal separation has been issued is automatically considered non-marital property and not subject to division during a subsequent divorce. If your divorce case is likely to be especially prolonged, you may wish to obtain a legal separation in order to designate the end of the procurement of marital property. Doing so enables you and your spouse to make financial decisions without worrying about how it will affect your divorce.
Some couples decide to seek a legal separation instead of divorce because they need to stay married for the purposes of retaining access to health insurance, pension benefits, or social security benefits that would end with a divorce. Others obtain a legal separation instead of a divorce due to religious, cultural, or personal beliefs. There may also be certain tax benefits associated with remaining married but separated. Whatever your reasons may be, we will remain at your side every step of the way.
Dependable Legal Guidance in Cook County
Although it does not officially end a marriage, obtaining a legal separation is still a fairly involved process. If you and your spouse want to obtain a separation, you will be encouraged to work out custody arrangements for your children, child support, and spousal maintenance outside of court with assistance from your respective attorneys. However, if you cannot reach an agreement on these issues, the court will need to resolve them through a separation judgment.
It is important to understand that Illinois courts do not have the authority to determine the division of assets during a legal separation. If you wish to develop a property settlement agreement with your spouse, you may do so, but it is not required. Presuming your agreement is fair and reasonable, the court is permitted to approve the settlement and incorporate it into the judgment for legal separation.
Call Us for a Free Consultation
If you want to learn more about how a legal separation may benefit you, contact the seasoned divorce attorneys at Nagle & Giese, P.C. to get the answers you need. Call us today at 630-407-1200 and schedule a free initial consultation. We serve clients throughout DuPage County, Kane County, Kendall County, Will County, and Cook County including those in Wheaton Warrenville, Winfield, Carol Stream, Glendale Heights, Naperville, Glen Ellyn, and the neighboring areas.
Divorce
If you are planning to dissolve your marriage, or if you and your spouse have already begun the divorce process, we will make sure you understand the legal issues that you will need to address, and we will help you resolve disputes effectively while protecting your rights. We can help you determine whether you can use mediation or collaborative law to reach a divorce settlement, and if necessary, we will advocate for your rights and interests during divorce litigation. We will work closely with you to help you achieve your goals and ensure that you will be prepared to move on once your divorce is complete.
Cost of Divorce
Every divorce case is unique, and the costs involved in the divorce process can vary depending on the issues that will need to be addressed. During your divorce, we will fully explain your attorney's fees and other costs, including expenses related to mediation, experts who may be needed to perform business valuations or review other financial matters, or a guardian ad litem or other child custody evaluators. If you are concerned about your ability to pay the expenses involved in your divorce, we can help you understand whether you can ask that your spouse be required to contribute to your attorney fees and other costs. We can also help you determine whether you will be eligible to receive spousal maintenance, including pursuing temporary support orders during the divorce process.
Parent and Child Issues
We help divorcing and unmarried parents address the allocation of parental responsibilities (formerly known as child custody) and parenting time (formerly known as visitation). We will work with you to create a parenting plan that will provide for your children's best interests.
Child Support
All parents have the obligation to provide financial support to meet their children's needs. We can help you calculate child support according to the laws in Illinois, and we can also help you address additional child-related expenses, as well as college expenses and non-minor support.
Child Removal and Relocation
If a parent wishes to move with their child outside the state of Illinois or to a new home that is more than 25 miles away from their current home, they must receive approval from the court if the other parent does not agree to the relocation. We represent both moving and non-moving parents in child relocation cases.
Family Law
Parents, children, or other family members may need to address multiple different types of legal issues in family court. We can provide representation in a wide variety of situations, including assisting with the adoption of a child, establishing paternity, drafting surrogacy and reproductive rights agreements, or naming a person as the legal guardian of a minor child or disabled adult. We can also help couples create prenuptial or postnuptial agreements, assist with name changes for adults or minor children, or address issues related to juvenile law.
Domestic Violence
If you or a member of your family have been the victim of domestic violence or abuse, we can help you obtain an order of protection to ensure that you will be safe from harm. We can also help you defend against an order of protection that has been issued based on false accusations of abuse.
DCFS
If your family is being investigated by the Illinois Department of Children and Family Services, we can provide you with legal representation to protect your rights and avoid disruption to your family relationships. If a DCFS investigation results in an indicated finding of child abuse or neglect, we can help you appeal these findings.
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Jane Nagle
Jane concentrates her practice primarily in the areas of divorce and family law. She is also experienced in handling bankruptcy cases, negotiating unsecured debts, and obtaining excellent settlements for clients facing financial hardship. Through her years of experience, Jane has developed the ability to determine the most effective strategy to help her clients reach their goals. She understands that some cases require an aggressive litigation strategy, while others benefit from skillful negotiation and settlement discussions.
Lisa Giese
Lisa has handled thousands of contested and uncontested family law cases, and she is a zealous advocate for her clients. She is a trained guardian ad litem, and she has also served as a volunteer for the Court Appointed Special Advocate (CASA) program, assisting in abuse and neglect cases within the juvenile court system. Lisa's experience with bankruptcy and complex financial issues regularly aids her in her practice of family law, where the two fields often become intertwined.
Hannah McKinney Kingrey
Hannah is a Partner at Nagle & Giese, P.C. and concentrates her practice in the areas of divorce, post-decree, child custody and probate matters. While attending law school, Hannah spent two years working for the Cook County State's Attorney's Office. During this time, Hannah drafted numerous appellate briefs that were filed with the First District Appellate Court of Illinois, and tried over twenty bench trials within the Felony Trial Division under Illinois Supreme Court Rule 711.
Brittany L. Rogalla
Brittany comes to the Nagle & Giese, P.C. team as an experienced associate attorney. Brittany started her legal career in the family law courts before transitioning to a firm concentrating in residential real estate transactions. Now that she has transitioned her practice back to family law, Brittany realizes that divorce is essentially a transaction, which just like real estate, can be very complex and emotionally taxing.
Kathryn S. Walker
Kathryn S. Walker is a licensed attorney, certified mediator and certified guardian ad litem in Illinois and is dedicated to advocating for individuals and families in all areas of family law at both circuit and appellate court levels. For over a decade Kathryn has honed her skills, practicing exclusively in the area of family law. She has assisted in handling thousands of cases involving complex and diverse issues, involving, but not limited to, maintenance, child support, custody, adoption, guardianship, divorce, parentage, support and international abduction.
Hailey M. McGillivray
Hailey joins Nagle & Giese, P.C. as an associate attorney with extensive experience handling complex family law matters spanning all aspects of domestic relations disputes. Hailey has handled cases involving divorce, allocation of parenting time and parental responsibilities, child and spousal support, orders of protection, relocation, the Uniform Child Custody Jurisdiction and Enforcement Act, and the Hague Convention.
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