Best Downers Grove Divorce Lawyers
Every couples’ path through the divorce process is unique. One constant, however, is that divorce is a significant transition that requires careful attention.
The terms of your divorce may have lasting repercussions for your future choices and security; with your future at stake consult one of the best Downers Grove divorce attorneys before time runs out.
Your Divorce
While your divorce won’t look exactly the same as anyone else’s, there are some basic components that make up every Illinois divorce (as applicable), including:
- Division of marital property
- Allocation of parenting time and decision-making authority (collectively “child custody”)
- Payment of child support
- Payment of spousal support (often called alimony)
Your Marital Property
Your marital property refers to those assets that you acquired during your marriage – regardless of whose name is on the title or deed. The property that belonged to you when you married will generally remain separate property (as long as you maintained it as separate property throughout your marriage). In the State of Illinois, marital property is divided in a way that is deemed fair (or equitable), given the circumstances involved. The court will take a wide array of variables into consideration when determining how to divide your assets fairly (if you and your divorcing spouse are unable to hammer out mutually acceptable terms together).
Your Parenting Time Arrangements
Child custody encompasses both decision-making authority (historically known as legal custody) and parenting-time (which is similar to the concept of physical custody). Decision-making authority and parenting time are usually shared, though not necessarily equally. Decision-making authority refers to the right to make decisions for your children in the areas of:
- Education through high school and college selection, if applicable
- Religious training and observances
- Extracurricular activity involvement
- Medical and health-care decisions, including dental, optical, and mental health treatment
During a divorce with children, either you and your partner or the judge will determine an allocation of parenting time that is in the best interests of the minor children. The allocation of parenting time need not be equal or fifty-fifty; there are many different permutations that reflect the needs and unique circumstances of the family. Some families alternate weeks and others split weeks, spending the first half of the week with one parent and the second half of the week with the other parent. Still, other permutations allot the bulk of parenting time to one parent and alternating weekends to the other.
The allocation of parenting time has replaced the concept of physical custody. Children are deemed to reside with both parents and more often than not, the parent with parenting time may make all day-to-day decisions for the minor child without consulting the other parent.
Child Support
Because both parents are responsible for supporting their children financially, one parent generally makes child support payments to the other. Unless there are extenuating circumstances involved, these payments are usually based on a standardized state calculation method.
Alimony
Alimony (called spousal support in Illinois) may or may not play a role in your divorce. Typically, alimony is awarded when one spouse has a financial need, and the other has the financial ability to address that need through post-divorce payments that are usually temporary.
You Need One of the Best Downers Grove Divorce Lawyers in Your Corner
Divorce is a big step, and Cameron H. Goodman at Goodman Law Firm is a dedicated divorce lawyer who, over the course of his more than two decades in private practice, has honed an insightful approach to helping clients like you obtain favorable divorce terms. If you need a Downers Grove divorce lawyer, we’re here to help, so please don’t hesitate to contact us for more information.
FAQs About Divorce in Illinois
What should I do if I have been served with divorce papers?
If you have received service of divorce papers, contact an experienced divorce attorney to review the documents, understand your rights, and plan your next steps. Time is critical in divorce proceedings, and having skilled legal counsel from the start can make all the difference.
How can I prepare for my initial consultation with a divorce attorney?
Bring documents such as financial records, prenuptial agreements, and a list of any questions you have. Be prepared to discuss your relevant goals and concerns openly and honestly. The more information you provide, the better we can assess your situation and develop a strategy that serves your best interests.
How are collaborative law, mediation, and negotiation different?
- Collaborative law is a structured process where both parties and their attorneys commit to resolving the divorce without going to court. It involves open communication and cooperation, with the goal of reaching a mutually beneficial agreement.
- In mediation, a neutral third-party mediator facilitates discussions to help divorcing parties reach a mutual agreement. Rather than making decisions, the mediator guides the negotiation process toward productive outcomes.
- Negotiation involves discussions between the parties directly or their attorneys to settle divorce terms. Unlike mediation, there is no neutral third party.
What should I expect during the divorce process?
The process typically involves filing for divorce, exchanging information, negotiating terms, and finalizing the agreement. If negotiations fail, courtroom litigation will become part of the process.
What happens if my spouse refuses to cooperate during the divorce?
If your spouse is uncooperative, the court may have to intervene to resolve disputes. At Goodman Law Firm, our attorney has experience in handling contentious cases and will advocate for your interests even in circumstances where spousal cooperation is limited.