Divorce Law Services

A divorce carries with it a tremendous amount of change for the couple involved, even when the dissolution is uncontested and handled with mutual respect and cooperation. In any divorce, under the best situations, the legalities involved still require skilled legal advice and counsel to resolve sensitive matters of property division, maintenance, and child issues. In a complex divorce, where one or both parties have a great deal of valuable assets and/or a signed prenuptial agreement, divorce legalities are greatly magnified, requiring more specialized legal skill. The family law attorneys at Mulyk Laho Law are the law team to turn to in difficult and complex divorce cases. We have handled complex divorces for clients throughout DuPage County and its surrounding communities.

The stakes are high in a complex divorce, where property division may involve complicated assets and marital debt issues related to:

• Real estate holdings
• Stocks and bonds
• Corporate business interests
• Valuation of multiple IRAs, retirement funds and pensions
• Employee benefits and stock options
• Business interests, including privately held corporations, limited partnerships or trusts

In high-end divorces, the disputes over division of property, maintenance, child custody, child support, and visitation can get even more contentious. With a combined 50+ years in complex litigation, the attorneys at Mulyk Laho Law are skilled in negotiated settlements, child custody, and trial law. We draw upon our years of experience in a wide range of legal and family law issues, as well as estate planning and probate cases. Our team of top-notch investigators and consultants help uncover hidden financial assets and business practices. Our goal is to successfully resolve marital asset disputes, protect your rights, and get you your fair share of assets in any divorce settlement.

There are many challenges in dissolution of a marriage in which one or both partners have high net worth and many assets in the marital estate. Property division can be contentious and difficult. Prenuptial agreements can further complicate negotiations and settlements, and the potential for elaborate and deceptive bookkeeping to hide or protect assets is a real possibility. Mulyk Laho Law is well versed in resolving the issues of complex divorce. We can help you get what is justly due you and your child.

At Mulyk Laho Law, we are experienced in handling cases in which violence or the threat of violence is a factor. We work diligently to gather evidence and build strong cases to protect the interests and safety of our clients and their children.

In many cases, an order of protection (OP) or temporary restraining order (TRO) is required to ensure the safety of our clients and their children. An OP or TRO is typically granted based on the initial affidavit from the victim. For the order to be extended, however, testimony and evidence must be presented to the court. Our attorneys are skilled in preparing all the necessary information and evidence including medical reports, eyewitness testimony, police reports, phone records and all other relevant documentation. We use all tools at our disposal to obtain the protection our clients and their families need.

Unfortunately, allegations of abuse are not uncommon in divorce proceedings. We are experienced in representing both sides of this issue — those who have been victims of abuse and those who feel they have been unfairly accused. Domestic violence allegations can significantly influence the outcome of a divorce decree including impacting child custody rights. Our attorneys are experienced in managing allegations of both spousal and child abuse, and we offer vigorous advocacy to protect the safety and rights of our clients.

Disputes over finances are often cited as the number one cause of divorce in the U.S. As such, it is not surprising that the matter of property division within divorce proceedings is often the most contentious issue.

There are three main steps in dividing property in a divorce—determining which property is marital property, assigning a value to the marital property and deciding how the marital property will be distributed. In general, marital property consists of all property that is acquired during a marriage, which was not acquired by one spouse through an inheritance or as a gift. Valuing property can be difficult and often requires the assistance of accountants and appraisers.

Illinois is an equitable distribution state. The takes into consideration many factors to determine an equitable or fair split of the marital property, including but not limited to:

• Duration of the marriage
• Contributions of each spouse including homemaking services
• Earning power of each spouse
• Who earned the property
• Value of non-marital property
• Post-divorce circumstances of the spouse including child custody arrangements
• Pre-nuptial agreements

Our attorneys are knowledgeable concerning all the factors that go into determining an equitable distribution of property. As skilled negotiators and litigators, we fight for the interests of our clients, whether it is across a table or in a courtroom.

It is not uncommon for marrying couples to make legal arrangements to protect their individual interests, should divorce become necessary. Prenuptial or postnuptial agreements are written contracts used to identify individual assets and specify how all assets will be divided in the event of a divorce. At Mulyk Laho Law, our attorneys have experience drafting and modifying prenuptial agreements to represent the best interests and wishes of our clients.

Prenuptial agreements can address a wide variety of issues. Each couple will have different specific needs to address. If either spouse owns a business, for example, a prenuptial agreement can be crafted to prevent it from being divided as part of a divorce. Prenuptial agreements can also be used to protect assets meant to be inherited by children from a previous relationship. Additionally, they are often used to limit the amount of spousal support that can be granted in a divorce decree.

In general, a prenuptial agreement can be used to delineate virtually any financial provisions to which the parties agree. Some issues, such as those pertaining to child custody, however, cannot be specified within a prenuptial agreement. Our attorneys are extremely knowledgeable about the intricacies of prenuptial agreements and are experts in crafting contracts that are fair and enforceable.

An alternative to a litigated divorce is a mediated divorce, when a couple works with a neutral party to craft their own divorce agreement. Mediators help couples find areas of consensus and negotiate an agreement that both parties find acceptable. The process is confidential and no part of it can be used against either party should the divorce go to court.

Mediation is usually much quicker and less expensive than a divorce proceeding that goes to court. Additionally, couples that go through a successful mediation are more likely to uphold the terms of the divorce because they determined them for themselves.

Mediation can have its disadvantages as well. Because many mediators are not attorneys, they cannot offer sound legal advice. Divorces can involve complex issues of child custody, child support, property division and maintenance & spousal support that require experience to navigate properly. The only way to guarantee your interests are protected now and into the future is to consult with a knowledgeable and experienced attorney. Our divorce attorneys at Mulyk Laho Law are practiced in helping clients through divorce mediation.

Maintenance payments, also known as spousal support, are payments made from one former spouse to another following a divorce. These payments are designed to prevent unfair economic impact on an unemployed or lower-wage-earning spouse due to a divorce. Maintenance payments may be determined by an agreement between spouses or by the court.

Unlike child support orders, which are usually awarded according to statutory guidelines, maintenance orders have a more subjective component as determined by the court. 

The court takes several factors into consideration, including but not limited to:

• Duration of the marriage
• Standard of living during the marriage
• Age and health of each spouse
• Financial circumstances of the spouse paying support
• Financial circumstances of the spouse receiving support
• Ability of and the time necessary for the recipient spouse to become self-sufficient

At Mulyk Laho Law, we are experienced in dealing with all the factors that influence spousal support. We are familiar with the norms of the local family law courts and skillful at presenting cases to secure the best interests of our clients. Additionally, we also help clients with post-decree modifications to spousal support. As circumstances for one of both former spouses change, so too can maintenance orders.

The entry of a Judgment for Dissolution of Marriage is not necessarily the end of litigation. Certain elements of a divorce decree may be modified. Child Support or maintenance may need to be modified based upon a change in the personal or financial circumstances of one or both parties. One spouse may fail to comply with a requirement of the divorce decree. Our attorneys are dedicated to working with clients on post-decree matters and advocating for the divorce decree modifications they need to fit their current circumstances.

Post-decree matters are often centered on issues of child custody, child support, visitation or maintenance/spousal support. 

There are a number of significant changes in circumstances that can necessitate a post-decree modification, including:

• Remarriage of one spouse – If a spouse receives maintenance payments, remarriage usually alters or eliminates those payments
• Change of or loss of a job – If this results in a change of income whether an increase or decrease, child support and/or spousal support payments may be adjusted accordingly,
• Relocation of one spouse – If a custodial parent geographically relocates, custody and visitation arrangements may need to be changed
• Change in circumstances of the spouse with residential custody – If the home environment of the custodial parent becomes unhealthy for a child, custody and visitation arrangements may need to be changed

At Mulyk Laho Law, we're skilled in evaluating changing circumstances and helping clients make the necessary modifications to their divorce decrees where possible. We have a reputation for fighting vigorously for the interests of our clients and their families.

Under Illinois statutes (750 ILCS 5/602), when the courts approve a parenting agreement (formerly referred to as “visitation agreement”), it is guided first and foremost by the best interest of your child. In deciding a divorce separation, or child custody case, it is generally considered best that both parents remain involved in the minor child’s life. If there is any possible danger to the child’s physical, mental, moral, or emotional health, the court may require supervised parenting time or deny parenting time rights. If you are seeking parenting time with a minor child, being denied parenting time, or having your parenting time rights impeded, Mulyk Laho Law is an experienced law firm that can protect your rights. We can develop with you the petition for a viable parenting time agreement or request a modification to an agreement that best serves you and your child, just as we have done for other clients in Glen Ellyn and the communities in and around DuPage County.

When parents separate and there is cooperation and goodwill on the part of both parties in a parenting time arrangement, the child is the beneficiary. Illinois law defines parenting time as in-person time spent with the child’s parent. Under certain circumstances, it may provide for parenting time using electronic communications, such as cell phone or computer aided FaceTime and Skype, to contact a child. 

For continuity and stability in the child’s life, in addition to the non-custodial parent, the court may approve parenting time for other relatives and individuals with special ties, including:

• Siblings
• Grandparents
• Great-grandparents
• Stepparents
• Other individuals especially connected to the child

If circumstances arise during parenting time that threatens the well-being of your child, you can petition the court for a modification. Causes for a modification include:

• Child endangerment by the living arrangement of the non-custodial parent
• Regular obstruction of parenting times
• Impeded parenting time due to an out-of-state move
• Child’s well-being is threatened by the home’s physical environment
• Presence of a drug, alcohol or substance abuser
• Presence of a child abuser or sex offender

Mulyk Laho Law's well-respected lawyers have a record of strong advocacy for parent and children’s rights. If you need to petition for parenting time before the Illinois courts, we will work diligently to support your rights to have the in-person time with your child that you both deserve. If you need us to mediate a parenting time agreement, petition the courts for a modification to your agreement, or you want to exercise your right as a relative to parenting time, we can take you through the appropriate process to get you the most favorable results.