Hinsdale Divorce Attorney
No two divorce journeys ever take exactly the same course, but divorce always marks an important transition. If you’re facing a divorce, you have a lot to think about – and a lot of important decisions (that will have lasting ramifications for you and your children) to make. Working closely with an experienced Hinsdale divorce attorney can help ensure that the terms of your divorce work for you and bolster your best interests.
Allocation of Parental Responsibilities
Since January 1, 2016, Illinois family laws no longer use the terms custody or child custody. What we once thought of as child custody has been replaced with major decision-making authority and parenting time.
Major decision-making authority refers to the ability of you and/or your ex-spouse to make important decisions on behalf of your children on the following topics:
- Education
- Religious upbringing
- Healthcare
- Extracurricular activities
Illinois public policy prefers that parents share major decision-making authority unless it is clear that are incapable of making decisions together. Parenting time is what once was known as “visitation” and refers to the specific days and times a parent spends with a child. It is always preferable for you and your spouse to determine how you will allocate parenting time and major decision-making authority between each other. If you are unable to reach an agreement, the court will intervene by appointing a guardian ad litum or a child’s representative. Judges use the best interests of the child standard to resolve “child custody” disputes over parenting time and major decision-making authority.
The Division of Your Marital Property
The assets that you accumulate during the course of your marriage will be divided equitably upon divorce. Equitable, in this context, means fair – in relation to a wide range of factors that must be taken into careful consideration.
Child Support Payments
Parents are both legally responsible for supporting their children financially, and child support is the mechanism for ensuring parental parity. These payments are based on state calculation guidelines.
Spousal Support
Spousal support refers to what most people call alimony, and it isn’t awarded in every Illinois divorce. The court, however, will consider a multitude of factors in making decisions regarding the amount and duration of spousal support in those instances in which one spouse has a financial need, and the other has the financial means to help.
Your Divorce Settlement
If you and your divorcing spouse can come to terms with each of these important elements of divorce together (with the guidance of your respective divorce attorneys), the court will almost certainly approve them in a Marital Settlement Agreement, and when applicable, an Allocation Judgment (Parenting Plan). If any of these elements becomes a sticking point, you have options available to help you find common ground, including having your respective divorce attorneys negotiate on your behalf and proceeding to mediation (where a professional mediator – a neutral third-party – will help you explore your options). Once you’ve exhausted these options, any matter that remains unresolved will need to be addressed by the court.
It’s Time to Consult with an Experienced Hinsdale Divorce Attorney
If you’re facing a divorce and need a Hinsdale divorce attorney, turn to Goodman Law Firm. Cameron H. Goodman is a dedicated attorney with the kind of experience that only comes from more than 20 years in private practice. Mr. Goodman is committed to helping you successfully navigate the divorce process. We’re on your side, 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.