Divorce Lawyers Hinsdale
Divorce Lawyers Hinsdale
If you are facing a divorce, it is time to take stock of the situation. Divorce is not only an emotional journey but is also a complicated legal matter that will directly affect your rights as a parent – as well as your future finances – which makes working closely with an experienced divorce lawyer in Hinsdale well-advised.Â
Parenting Time and Parental Responsibilities
All divorcing parents will have to address the custody of their children before a divorce is final. Child custody in the State Illinois encompasses two key elements: your parental responsibilities and your parenting time.
Parental responsibilities refer to how you and your children’s other parent will address the matter of making significant decisions in the following domains:
- Education
- Religion
- Healthcare
- Extracurriculars
When it comes to allocating authority for parental responsibilities, you have options, including:
- You and your former spouse can make the decisions together (typically mediation is required if you reach an impasse)
- You and your former spouse can make the decisions together, but one of you may have the ability to break a tie if – after good faith efforts – you’re unable to resolve the issue.
- You and your former spouse can split these decisions between you according to the category of the decision being made. For example, one parent may have exclusive authority for medical decisions and education, while the other parent has exclusive authority for the remaining decisions.
- One of you can be awarded sole parental responsibility.
Routine decisions, those daily day-to-day decisions, are exclusively the province of the parent enjoying parenting time. Examples of routine decisions might include:
- Whether your child has any daily or weekly chores while at your home
- Whether your child may ride his bike to school or play at a friend’s house
- Whether your child may watch a specific show or go the movies with friends
Parenting time lays out when you will be with your children and when your ex will be. There are numerous options for a parenting time schedule. The amount of parenting time each parent enjoys will be guided by the best interests of the child standard. Even if both parents are capable and willing to have majority parenting time, a parent’s work obligations and the distance between each parent’s home may make that impractical. Unless there are very compelling reasons to restrict or limit a parent’s access to their child, courts try to maximize parenting time with each parent favoring 50/50 and 60/40 allocations whenever appropriate.
Child Support
Child support in Illinois is based on the state’s calculation guidelines. While there are a variety of factors that play a role, the primary concerns are each parent’s income and each parent’s number of overnights with the children. Even if you and your ex divide your parenting time evenly, however, the parent with the highest income is likely to have a child support obligation (due to the fact that child support is largely predicated on each parent’s income).
The Division of Marital Property
In Illinois, assets acquired during your marriage, except by gift or inheritance, are considered marital property, and in the event of divorce, they must be split between you equitably (or fairly in the context of a wide range of relevant factors). To achieve an equitable division of marital property, it’s essential to know the value of the property in question and whether there are any tax consequences, penalties, or commissions that would be triggered by selling or liquidating the property post-divorce.
Alimony
Alimony, which is called spousal maintenance in Illinois, only comes into play in those divorces in which one spouse is unable to continue supporting himself or herself at the same standard of living, and the other has the financial ability to help. Maintenance is never guaranteed and will be awarded only after considering a variety of factors. The duration of maintenance payments correlates with the length of the marriage based on a state formula.
Consult with an Experienced Divorce Lawyer in Hinsdale Today
Cameron H. Goodman at Goodman Law Firm in Hinsdale is an accomplished divorce attorney whose clients trust him to skillfully advocate for their parental and financial rights. For more information, please don’t delay contacting us 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.