While Illinois couples are no longer required to provide proof of fault in order to legally end a marriage, obtaining a divorce remains a complicated endeavor, as it requires compliance with a host of legal rules and procedures, as well as the negotiation or litigation of a wide range of issues. Having an attorney on your side who can help you throughout this process can play a critical role in the outcome of your own divorce, so if you have questions about dissolving your marriage, you should strongly consider contacting a team of experienced Hickory Hills divorce attorneys who can advise you and protect your interests throughout the proceedings.
Marital property is made up of all of the assets acquired by either party during the course of a marriage, including:
The only exceptions to this rule apply to gifts, assets that were inherited by one spouse during the marriage, and any property excluded by a premarital agreement. Otherwise, an asset will be considered marital and so must be divided equitably between the spouses upon dissolving the marriage. What constitutes an equitable or fair division of these assets can be difficult to determine and requires an assessment of a number of factors, including:
Besides being used to divide marital assets, these factors are also assessed when determining how to divide marital debt, which includes all debts incurred by either party during the marriage.
Another issue that must be addressed before an Illinois divorce can be finalized is whether one of the parties will be required to provide spousal maintenance to the other upon divorce. When determining whether alimony is appropriate in a specific case, courts will look primarily at the parties’ net incomes, as well as each spouse’s job history and employability. In the event that one of the parties is ordered to make alimony payments, the court will also decide what form those payments will take and how long they must be paid. These determinations will vary depending on the circumstances of the case. If, for example, one spouse was primarily responsible for performing childcare duties, enabling the other spouse to work, the latter could be required to provide the former with some financial support until that individual is able to obtain enough training or education to improve his or her employment prospects.
If you and your spouse are contemplating divorce, you need the advice of an experienced attorney. Please call the team of Hickory Hills divorce attorneys at Demetrios N. Dalmares & Associates, Ltd. to learn more. We offer initial consultations free of charge, so please don’t hesitate to call or contact us online today.