No two divorcing couples are ever exactly alike, and no two divorces proceed in exactly the same manner. Every divorce, however, must address the same basic issues that guide each couple’s post-divorce future. If you are moving toward a divorce, you’re better off facing the matter sooner rather than later, and consulting with a Darien divorce attorney is a great place to start.
If you have children at home, you’ll need to address the very important matter of whom the children will live with (and according to what parenting schedule) post-divorce. The court always makes decisions about child custody, which is called parental responsibilities in the State of Illinois, in relation to what it believes are the children’s best interests. One precept of this is that spending time with both parents is almost universally considered to be in the best interests of the children, in the absence of serious extenuating circumstances. As such, even if the children live primarily with just one parent, the other is likely to be awarded a visitation schedule.
Over the course of your marriage, you and your spouse acquired assets and property that the law considers to be marital property, regardless of who made the purchase or whose name is on the deed. A prime example of marital property is the home that many couples purchase after marriage. The longer you’ve been married, the more marital property you’ve likely amassed. Upon divorce, this marital property will need to be divided equitably, which means in a fair manner that takes the circumstances of your marriage into careful consideration.
The state requires both parents to financially contribute to supporting their children, and child support is the tool it uses to ensure this responsibility is distributed equally between both parents. Child support is guided by state guidelines that calculate payment based on many factors, including each parent’s relative ability to pay.
Alimony (known as spousal support in the State of Illinois) is a payment between ex-spouses that is intended to offset any financial discrepancies precipitated by the divorce. These support payments are predicated on one ex’s financial need and the other’s ability to help mitigate this need. Alimony is by no means a certainty in divorce, but it can fill an important financial need when appropriate. The court has considerable discretion in the matter and takes many factors into consideration, including the following:
Cameron H. Goodman at Goodman Law Firm in Darien is a formidable divorce attorney whose practice focuses on skillfully advocating for the financial and parental rights of clients like you. For more information, please don’t hesitate to contact us today.
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