Batavia Division of Pension Benefits Attorney

How Does the Divorce Process Work?
There are specific steps to any divorce proceeding. First you attend an initial consultation with an attorney where you are given detailed information about your specific circumstances. more >

How Long Does a Divorce Take?
Each divorce is a unique process. However, there are some standard time lines. Your spouse has 30 days to file an answer to the Petition for Dissolution of marriage. more >

How Much Does a Divorce Cost?
The cost of a divorce depends entirely on the ability of the parties to provide necessary information and reach an agreement. more >

How Can I Get Money to Pay for an Attorney?
If you don't have access to the funds necessary to pay for an attorney, a petition can be filed with the court to require your spouse to take funds in his/her possession to pay towards your initial attorney fees. This procedure is independent of the Judge's ability to make a final award for payment of attorney's fees at the end of a divorce. more >

Who Will Get Custody of the Children?
Absent an agreement, the Judge will determine custody based upon what is in the best interests of the children. Even though both parents are fit and proper persons to have custody of the children, one parent will most likely be found to be the better custodial parent. The differences between sole custody, joint custody, and shared custody are to complex to be addressed here, but there are actions you can take to improve your chances of being found to be the better custodial parent. A major element is who provides the day to day primary care for the children. more >

What if there is No Agreement on Custody? Mediation is the process wherein the parties meet with a trained mediator and attempt to reach an agreement, in this case on custody. Evaluation is the process wherein the parties meet with a psychologist who then gives the Judge a recommendation on an appropriate custodial arrangement for the children. The exact procedures for the mediation/evaluation process vary from county to county. In Kane county mediation is either voluntary or must be ordered by the Judge. If there is no agreement on custody, visitation or anything to do with children the parties are ordered to attend the mandatory evaluation sessions resulting in a recommendation to the Judge. more >

What About Alimony?
Alimony is now known as Maintenance and varies with each case. The Judge may order either rehabilitative or permanent maintenance based upon the following factors... more >

What About Child Support?
Child support is paid by the non-custodial parent to the custodial parent. Child support is a right belonging to the children and neither parent can waive that right, however, child support can be reserved (temporarily stopped) based on the financial circumstances and agreements of the parties. The divorce statutes provide the following minimum guidelines in establishing child support. However, upward or downward adjustments may be made by the Judge, depending on the needs of the children, the financial circumstances of the parties, and other relevant circumstances. more >

How is Our Property Divided?
Before property is divided it must be determined what is marital property and what is non-marital property. Marital property is all the property earned during a marriage, regardless of who holds title to the property. Non-marital property is that property belonging to either spouse prior to the marriage or acquired by a spouse by gift, inheritance, or the appreciation of non-marital property. However, it is possible that non-marital property may have been converted to marital property. When dividing property, first, each spouse is awarded his or her non-marital property. Then each spouse is entitled to an equitable share of the marital property based on the following factors... more >

What Happens to Retirement Benefits?
Pensions, 401(k)s, IRAs and other retirement benefits earned during the marriage are marital property, and are subject to division with other marital property as set forth above. The tax consequences of the division of retirement benefits are very important, and it is critical that you obtain the advice of an experienced attorney prior to any such action. more >