Divorce Attorney Darien
Divorce Attorney Darien
Divorce marks a significant transition in your life, and if you’re facing a divorce, you’re likely experiencing considerable emotional turmoil – but you also need to manage the logistics of the legal process. It’s a lot, but having an experienced divorce attorney in Darien in your corner can help to ensure that you keep your parental and financial rights intact while efficiently moving forward toward a bright post-divorce future.Â
Dividing Your Marital Property
While the division of marital property is necessary in every divorce, it can be one of the most challenging issues. Those assets that you and your spouse purchased and/or acquired throughout your marriage are considered marital property, and factors like who made the purchase or whose name is on the title have no bearing on ownership – they belong to both of you. Upon divorce, this marital property will need to be divided equitably, which means fairly, once you factor in the circumstances of your marriage.Â
Separate property refers to those assets that you bring into the marriage with you and that you don’t allow to become financially entangled with your marital property, which can be a difficult feat to accomplish.Â
Determining Your Parenting Arrangements
You and your ex will be splitting your time with your children post-divorce, and figuring out the arrangements can be one of the most complex and emotionally challenging aspects of divorce. There are many different approaches to parenting time. What works for your family will depend on many factors including the needs of your children, the distance between your home and your former spouse’s home, and your own availability.  You may desire equal parenting time or recognize that your work obligations make that impossible. A skilled child custody lawyer can help guide you to parenting time schedule ideal for your situation.Â
In addition to parenting time, which delineates each parent’s schedule with the children, there are parental responsibilities to allocate. Parental responsibilities refer to who will be making the overarching parenting decisions, including decisions about the following topics:
- Your kids’ schooling
- Your kids’ religious education
- Your kids’ extracurricular activities
- Your kids’ health care
You and your ex can share these responsibilities, which would require mutual consent, one of you may have sole responsibility for all topics, or you can divide responsibility for decision making by topic in a manner that makes sense for your family. Day to day decisions are solely made by the parent currently exercising parenting time. Examples of a day to day decisions include whether your child can stay up late on the weekend, can have extra screen time, has to finish homework before screen time, or is required to make his or her bed daily. Parents are often surprised to learn they have little influence over what happens when the children are with their other parent. If you have strong concerns about specific daily decisions, you should raise those with your divorce attorney as early as possible.
Child Support
Child support is the state’s payment tool that is designed to help ensure that both parents continue to support their children financially. The primary factors that determine child support are the number of overnights each of you has with your kids and you and your ex’s incomes. Splitting parenting time equally, however, does not necessarily negate a child custody obligation, and the higher earner among you will likely have a child support order. Â
Alimony
Alimony, known as spousal support or maintenance, is generally awarded when there is a significant disparity in annual income or earning power between spouses. If one spouse earns significantly more money he or she may be ordered to pay spousal support for a set period of time or until the other spouse achieves financial independence.
Reach out to an Experienced Divorce Attorney in Darien Today
Cameron H. Goodman at Goodman Law Firm – proudly serving Darien, Illinois – is a practiced divorce attorney who understands the difficulties you are facing and is committed to helping you find the smoothest path forward, while carefully protecting your financial and parental rights. We are on your side and here for you, so please don’t put off contacting us for more information today.
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.