Before a judge will officially issue a final divorce decree, the parties involved will need to contend with a number of complicated matters, including how marital assets will be divided, whether one party will need to pay alimony, if the couple has children, and how they will share custody. When couples cannot reach an agreement on these issues, a court will be tasked with making the decisions on the parties’ behalf after hearing testimony and reviewing evidence submitted by both spouses.
Whether you need help negotiating an agreement with your spouse on some or all of these issues, or have already attempted to reach such an agreement and must now go to court, you need the assistance of a team of experienced Homer Glen divorce attorneys who can walk you through your legal options and help you obtain the best possible result for your family.
Couples who are unable to agree on how marital assets should be divided, will be forced to abide by the ruling of a judge, who will make that determination based on what he or she deems fair or equitable. It is important to note that this does not necessarily mean that all assets will be divided equally (50/50). Instead, the court will decide what is equitable, based on:
However, only marital property or assets that were acquired during the marriage will need to be divided. Assets received as a gift or an inheritance, acquired after a legal separation, or excluded in a pre or postnuptial agreement will also remain undivided, but stay in the sole possession of the original owner.
In Illinois, family law judges can also order one spouse to pay maintenance to the other once the divorce is finalized. When making this determination, courts assess a number of factors, including:
If spousal maintenance is deemed to be appropriate, judges will come up with the correct amount by calculating the incomes of both individuals, plugging those calculations into the correct formula, and determining the sum and length of the payments, to be made.
If a couple shares minor children, they will also be required to come up with a parenting plan that divides parental responsibilities and parenting time between the parties. Although courts generally presume that equal time sharing and parental responsibility is in a child’s best interests, they can deviate from this standard after assessing a child’s specific circumstances, including the distance between the parents’ homes, the child’s attachment to his or her school, whether the child has any particular health issues or medical needs, and the parties’ work schedules.
To speak with one of the experienced Homer Glen divorce attorneys at Demetrios N. Dalmares & Associates, Ltd. about your own pending divorce, please call our office or send us a message at email@example.com.