Common Issues

Key Issues to Consider When Divorcing in Illinois

If you are filing for divorce or were served with divorce papers, then you will find the topics and questions set forth below helpful.  The list outlines the most significant matters that need to be resolved before a court can grant a divorce.  Not every topic will apply to your particular situation.  At Goodman Law Firm, we ask our divorce clients to review this list to get them thinking about their ideal outcome for their divorce and to help them identify their priorities.  We also use this list to help to determine where there are areas of agreement and disagreement so we can focus our efforts on reaching a favorable resolution as efficiently as possible.

Children and Divorce

  • Who will the children live with?
  • When will the other parent spend time with the children?
  • Who will make decisions for the children about healthcare, religion, education, and extra-curricular activities?
  • Will both parents have overnight parenting time (visitation)?
  • How will time on holidays and special occasions be allocated?
  • Will either parent pay child support?
  • Will there be additional payments for health insurance, uncovered medical expenses, child care, school fees, tutors, sports, and lessons?
  • Who will be responsible for paying college education expenses?
  • How will disputes about parenting time or decision making be resolved?

Divorce and Maintenance (Spousal Support)

  • Will you require maintenance (or be required to pay maintenance)?
  • What amount of maintenance will you pay or receive?
  • What will be the duration of any maintenance payments?
  • Under what circumstances can the maintenance payments be adjusted or modified?
  • What are the tax consequences of paying or receiving a maintenance payment?
  • Will either spouse be returning to work after an absence to raise children?
  • What is considered income for purposes of maintenance?

Divorce and Property Division

  • What property is marital property and subject to equitable distribution?
  • How will your marital property be divided?
  • How will your debt be divided?
  • Who will reside in the marital home after the divorce papers are filed while your divorce is pending?
  • Will the marital home be sold?  If so, how will the proceeds from the sale of the home be divided?
  • Do you have any property that needs to be appraised like real estate, jewelry, exotic cars, art or antiques?
  • Does either spouse own or have an interest in a closely held business or professional practice, such as a medical or dental practice?
  • Does either spouse have any non-marital property?
  • Is there a pre-marital agreement regarding the division of property?
  • Are both spouses fully aware of the couple’s income, assets, and liabilities?
  • Are both spouses in agreement on asset values or are appraisals needed?

Tax and Insurance Considerations in Divorce

  • Will you or your spouse continue to maintain a life insurance policy for the benefit of your minor children?
  • Will you or your spouse continue to provide health insurance for the family?
  • How will you handle responsibility for any uncovered health or hospitalization expenses for you and your children?
  • Will you file a joint tax return for the upcoming tax year provided your divorce is not finalized?
  • Who will be responsible for paying any income tax deficiency, including penalties and interest?
  • How will any income tax refund be divided?
  • How will you allocate dependent exemptions in future years?

DuPage County Divorce Lawyers

The questions above gave you a basic outline of the issues you need to consider and address during a divorce.  The next step is to contact Goodman Law Firm for an initial consultation with an experienced DuPage County divorce lawyer.

If you are looking for an experienced litigator in Oak Brook, Naperville, Wheaton, or Chicago, contact us today at (630) 464-6700 and request a divorce consultation.