home practice areas our attorneys firm overview office directions contact us disclaimer
 


Aldo Botti & DeLongis, Ltd.

Intelligent Legal Services. Serious Representation.

Family Law

At the Law Firm of ALDO BOTTI & DELONGIS, Ltd., we are experienced and aggressive attorneys who can be compassionate and caring family law advocates who will help you to understand and successfully resolve complex family law matters. We will help you regain an equilibrium in your life after a difficult family law experience. Serving all of the suburban Chicagoland area from our central location in Oak Brook, we also maintain an additional law office in Wheaton.

The firm’s partners and associates are well respected family law litigators. The objective of every case remains the same – to attain and safeguard the best possible client outcome. A partner oversees each and every case and takes time to listen to the client’s goals, including potential for out of court settlements, mediation and reconciliation

The firm’s clients include individuals, business leaders, physicians, attorneys and other professionals, as well as the spouses of high net worth individuals. But all clients, regardless of gender, income or status, receive the same personal attention and quality of service. Practicing throughout the state of Illinois, the firm will also assist in cases across the county.

Our experienced family law attorneys understand the myriad of complications and demands involved in any family law issue. To protect the future family relationships of our clients, we provide the most effective legal advice and guidance to deliver lasting solutions on significant matters of family law, including:
  • Adoption
  • Child Custody: New Rules Expedite Custody Proceedings
  • Child Support
  • Contempt Actions
  • Division of Property
  • Dissolution of Marriage (Divorce)
  • Domestic Violence
  • Equitable Division of Property
  • Grandparent Rights
  • Modifications of Prior Court Orders
  • Parentage (Paternity) Actions
  • Premarital Agreements
  • Spousal Maintenance (Alimony)
  • Visitation
Divorce law and matters relating to children are a central focus of our family law practice. While we often find that a mutual agreement as to the central issues involved in a divorce, such as child custody and support arrangements, can provide a more effective and permanent solution, our trial lawyers are prepared to litigate even the most complex cases in order to provide for your family's best interests.

Divorce and the Equitable Division of Property

In any divorce, and especially in divorces involving high-worth estates, we ensure that our clients receive the greatest share of marital property under the equitable distribution laws of this state. Assets acquired during the marriage that are subject to distribution may include family-owned businesses, pension plans, significant real property, and securities portfolios. Equitable division of such property in Illinois considers, among other factors, the length of the marriage, the occupation, financial resources and earning potential of each spouse, and the custodial arrangement of the children. Even with a premarital agreement, our attorneys can help you prepare your best case for retaining your greatest share of marital property after a divorce. Additionally, we assist spouses in obtaining temporary and interim spousal maintenance during the divorce process and permanent maintenance to continue after the divorce has been finalized. We also obtain modifications of support orders for our client's changed circumstances and needs.

With over 30 years of experience advocating for the rights of our clients and the future of their families, Contact our firm now and let our experience be your greatest advantage in any family law matter.

Serving all of the suburban Chicagoland area from our convenient law office location in Oak Brook, IL, the divorce attorneys at the Law Firm of ALDO BOTTI & DELONGIS, Ltd., represent divorce cases and the related issues of equitable distribution of property, child custody, visitation, and spousal maintenance. We also maintain law offices in Wheaton and downtown Chicago to represent clients across Cook, DuPage, Kane, Lake, Rockford, and Will counties.

Our Illinois divorce lawyers provide the following general information on divorce law to inform you of your basic rights and interests. For more specific legal advice and aggressive but compassionate representation, Contact our firm now and begin your best case for an effective and lasting solution.

Divorce - An Overview

Contemplating divorce is always difficult. Whether you are sure you want to end your marriage or are still considering your options, it helps to learn the basics of divorce law and process. Should you conclude that divorce is necessary, it is very important that you seek the assistance of an experienced, understanding, and compassionate family law attorney. Involving a knowledgeable family law attorney as soon as possible in the divorce process is one of the best ways to preserve your own long-term financial and emotional health.

Grounds for Divorce

A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, a divorce will give each person the legal right to marry someone else, divide the couple's assets and debts and determine the future care and custody of their children. While each state has individual statutes that address these issues differently, the basic principles the states follow when considering requests for divorce are relatively uniform.

Frequently Asked Questions About Divorce

Q: What is a legal divorce?

A: A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, your divorce will give each person the legal right to marry someone else, it will legally divide the couple's assets and debts, and determine the care and custody of their children. Each state addresses these issues differently, but there are some relatively uniform standards. Each state does have some type of "no fault" divorce laws that can significantly simplify the divorce process.

Q: What is a no fault divorce?

A: Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce. In fact, any misconduct is irrelevant to the divorce proceedings. A marriage can be terminated simply because the couple agrees that it is no longer salvageable.

Please note that states' laws differ on the issue of fault or no fault divorce. Among the 50 states, 15 provide no fault divorce as their residents' only choice; residents of other states may pursue fault based or no fault divorce.

Q: What is a fault-based divorce?

A: A "fault" divorce is one in which one party blames the other for the failure of the marriage by citing a legal wrong. Grounds for fault can include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease.

As noted above, please consider state guidelines regarding the types of divorce permitted in an individual state.

Division of Property

When there is little or no marital property, no children, no issues of alimony or spousal maintenance, amicable spouses can usually obtain a quick divorce. Most divorces, however, are different and far more complex. The typical divorce involves a union of many years with considerable marital property, both personal property and real estate, children, family businesses, large or concealed debts, trust funds, real estate in other states, joint and separate accounts, investments, insurance, pensions, and other assets. In these complex situations, the parties often cannot divide their property on their own and therefore may require court involvement for its ultimate division.

Questions to Ask During Divorce

Whether you should end your marriage is one of the most important and difficult decisions you will ever encounter. It is important to approach the question from a rational perspective rather than solely an emotional one. Once you review this list of questions, you may rethink the direction you are headed, or you will be better prepared to move forward while working with an attorney.

How to Move On

Recovering from a divorce is similar to the grieving process one experiences when a loved one dies. There are five stages in the process: shock and denial, anger, ambivalence, depression and recovery. Many people expect to work through these stages one after the other, but that isn't usually how it happens. You can expect to move in and out of each phase over time and sometimes experience more than one phase at the same time. It is a difficult process and time consuming. Family counselors advise it may take as long as two years to fully recover.

An Amicable Divorce

Divorce is one of the most emotional experiences a person will ever face. The decision to end a marriage is not an easy one and is often accompanied with anger, fear, and resentment. The negative emotions associated with divorce are responsible for more than hurt feelings; they affect the final outcome of settlement negotiations. Most important, if children are involved, they will suffer. It is in your best interest to approach divorce from an amicable perspective. This will allow you to put on your business hat, which is critical for reaching a successful settlement. It will also allow you to put on your effective parent hat, which is critical for helping your children through this difficult process.

Divorce Resource Links

American Bar Association - Family Law
Tables and summaries of the law in the 50 states

The Legal Information Institute
A trusted resource for learning more about divorce law

Divorce Care
Divorce Care is a resource for finding support groups to help you through one of the most stressful times in your life

For more in-depth information on divorce law, please visit our Divorce Practice Center.

Our law offices are conveniently located to serve clients in Oak Brook, Chicago, Wheaton, and Cook, DuPage, Kane, Lake, Rockford, and Will counties. We also represent clients nationwide.

©Copyright 2007 Aldo Botti & Delongis, Ltd. 1550 Spring Rd, 3rd Floor, Oak Brook, IL 60523
All Rights Reserved.