Types of Divorce in DuPage County

Carol Stream Divorce Attorneys

Wheaton Lawyers Helping Clients Through Divorce, Annulments, and Legal Separation

If you and your spouse are having serious problems in your relationship, you may have started to think about the possibility of a divorce. While the goal of every divorce proceeding is to end the marriage in question, each case is unique. There are several different ways to get divorced, and the circumstances of your situation will dictate which type of divorce is likely to give you the best chance at a favorable outcome.

At the Wheaton law firm of McSwain Nagle & Giese, P.C., our attorneys have more than 65 years of combined experience in divorce and family law matters. With our legal knowledge and familiarity with the local court systems, we are equipped to help you manage all aspects of your divorce, from start to finish.

Kane County Attorneys for Amicable, Uncontested Divorce

An uncontested divorce is a divorce in which the spouses are able to reach an agreement on all of the relevant issues without extensive arguing or court intervention. In some cases, the two spouses work out arrangements for property division, spousal support, and parental responsibilities (if applicable) before they even file a divorce petition. In other situations, one of the spouses will file the petition, and then the couple will sit down and resolve their differences through direct negotiations or mediation.

An amicable divorce can usually be finalized in a relatively short period of time. If everything is done correctly, you and your spouse will only need to make a single appearance in front of the presiding judge. At McSwain Nagle & Giese, P.C., we can help ensure that your uncontested divorce is completed as quickly as possible without compromising your rights or best interests.

Divorce Litigation in Naperville

If you and your spouse cannot resolve all of your divorce-related issues, your case will need to be litigated. This means that it will be up to the court to make decisions on any issues that are still outstanding. Divorce litigation may also be the best option for high-conflict situations, such as those that involve allegations of child abuse or financial misconduct.

A litigated divorce can be complex, stressful, and time-consuming, but our lawyers can help simplify the process for you. We will sit down with you to develop a litigation strategy customized to meet your needs and to give you the best chance of a favorable outcome.

Legal Separation

At McSwain Nagle & Giese, P.C., we also help clients obtain legal separations in appropriate situations. Under Illinois law, a legal separation is similar in many regards to a divorce, but following a judgment of legal separation, the spouses are still legally married to one another. In some cases, a legal separation may be used as a stepping-stone toward an eventual divorce, while in others, a couple may spend the rest of their lives legally separated instead of getting divorced. We understand that there may be personal, religious, or financial reasons for obtaining a legal separation, and we are prepared to help you determine the best option for your unique circumstances.

Annulling Your Marriage

Depending on your situation, you might be eligible to have your marriage annulled. An annulment—formally known as a "declaration of invalidity of marriage" in Illinois—can only be granted for very specific reasons and within certain timeframes. If you believe that your marriage was never valid from the beginning, one of the skilled attorneys from McSwain Nagle & Giese, P.C. will work with you in exploring your eligibility for obtaining an annulment.

Schedule a Free Consultation Today

To learn more about divorce, legal separation, or annulments in Illinois, contact our office. Call 630-407-1200 for a free consultation and case review today. Our firm serves clients in Wheaton, Naperville, Glen Ellyn, Carol Stream, Glendale Heights, Winfield, Warrenville, DuPage County, Kendall County, Cook County, Will County, Kane County, and the surrounding areas.

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