Facing a divorce can be a frightening proposition. Not only is divorce an emotionally fraught journey, but your financial and parental rights also hang in the balance. Divorce is the dissolution of a legal contract that should not be taken lightly, but with an experienced divorce attorney in Hinsdale on your side, you’ll be better prepared to move forward with purpose.
In the State of Illinois, your marital assets – in the event of divorce – are meant to be split between the two of you in an equitable manner. Equitable in this context means fairly given the wide-ranging considerations that the court deems relevant. Those properties deemed marital include all the assets and debts that you and your spouse acquired during your marriage (with a few exceptions). If you brought assets into your marriage with you and kept them separate, they should remain separate property, but the line between marital and separate is easily blurred.
Illinois law addresses the matter of child custody in relation to your parental responsibilities (who makes important decisions on your children’s behalf) and your parenting plan (the schedule that guides when the children are with each of you). Parental responsibilities address questions related to important topics such as the following:
Your parenting plan addresses when the children are with you and when they are with your ex. Their time can be divided fairly equally between the two of you, or they may spend the majority of their time with one of you while seeing their other parent according to a schedule.
Illinois requires both parents to continue supporting their minor children financially, and child support is the mechanism implemented to guarantee that post-divorce. Child support is calculated according to state guidelines (with little wiggle room for deviation – barring mitigating factors). The child support owed by each parent is calculated in accordance with their earnings, which means the higher earner generally pays child support to the other parent (even if you split your time with the children fairly equally).
Spousal maintenance (what many people call alimony) is ordered only when one spouse experiences a financial downturn upon divorce, and the other spouse has the financial ability to help. Wide-ranging factors go into the determination of spousal maintenance, but it is generally a stopgap measure that’s intended to help the payee find his or her financial footing.
Cameron H. Goodman at Goodman Law Firm is a trusted divorce attorney in Hinsdale who has the experience, drive, and legal skill to help you obtain favorable divorce terms. For more information, please do not hesitate to contact us today.
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