Couples who are considering a divorce no longer have to show proof of fault to file in Illinois. However, it still can be a complicated process, especially if you have children, a significant amount of assets, or you cannot agree on any aspect of your divorce. Having an attorney on your side can help streamline the process. You will also have someone to negotiate on your behalf. Your attorney can help you settle any outstanding issues so your divorce can be finalized sooner. Do not go through the legal process alone. Contact a divorce lawyer in New Lenox who can protect your rights.
One of the most challenging issues to resolve in any divorce is dividing up marital assets and liabilities. Marital assets include any property acquired by either party during the marriage. Examples can include:
There are some exceptions to marital property. If one spouse received a gift or inheritance, it belongs to the person who received it. There are some instances when, if the gift or inheritance was commingled with marital assets, a judge might rule that it is now marital property. If there is a valid prenuptial agreement in place, that can also affect how property division is handled.
Illinois is an equitable distribution state, which means the court looks to divide assets equitably and fairly. It does not mean assets are split 50/50. One spouse might be awarded the house while the other takes artwork and vehicles of similar value. It is best if you and your spouse can reach an agreement on the division of assets, as neither of you might like how the family court judge rules.
Despite what some people assume, courts do not automatically award spousal support in every divorce. The court looks at many factors, including the length of the marriage, when determining whether someone is eligible. Someone whose marriage lasted 25 years will likely be awarded more in spousal support than someone married for 10.
If you have children, you may find this is the most challenging aspect of the divorce. Understandably, each parent wants their way when it comes to custody and support. However, the court will award whatever is best for your child, which might not look exactly like the custody arrangement you are pursuing. It is also beneficial for all parties if you can agree on a parenting time arrangement on your own rather than waiting for the court to do it for you.
In Illinois, child custody is now referred to as parenting time and parental responsibilities. The courts prefer to award joint parenting responsibility because the legal system wants a child to have a relationship with both parents.
If you are preparing to file for divorce in Illinois, do not go through it alone. Let our skilled legal team help. To speak with a knowledgeable divorce lawyer in New Lenox, call Demetrios N. Dalmares & Associates, Ltd. to schedule a consultation.