While Illinois courts no longer require that divorcing parties provide proof of fault in order to end their marriages, legally dissolving a marital union remains a complicated process. For instance, couples can only end their marriages after contending with a host of complex issues, including how marital assets will be divided, whether one party must pay alimony, and if a couple has children, how parenting time will be divided, so if you and your spouse have decided to file for divorce, you should strongly consider contacting an experienced Romeoville divorce attorney who can walk you through Illinois’ dissolution proceedings.
Illinois is an equitable distribution state, which means that all married couples are required to divide their assets equitably, or fairly upon divorce. It’s important to note that equitable does not necessarily mean equal, so there is no guarantee that divorcing parties will have their assets divided 50/50 upon the dissolution of their marriage. However, only marital assets must be divided, which includes all property acquired after the marriage took place. This applies to cash, real estate, investments, personal belongings, and even debts. Separate property, on the other hand, or assets that were acquired prior to the marriage, will remain in the sole possession of the person who acquired them.
Before a couple can obtain a divorce, they must also decide whether one party will be required to make monthly spousal maintenance payments to the other. When determining whether these payments are appropriate, courts assess a number of factors, including:
If alimony is found to be appropriate, the judge will decide how much the payments will be, what form they will take, and how long those payments must be made.
Couples who share minor children and who decide to end their marriage must also create a parenting plan that divides parenting time and parental responsibilities between both parents. While courts usually presume that arrangements in which parents have equal time-sharing and responsibility for childcare-related decision making are in a child’s best interests, judges can deviate from this standard after assessing:
Fortunately, when couples can come to an agreement on these issues, they may not be forced to leave the decision in the hands of a judge, but can create an arrangement that best suits their family’s specific needs.
To speak with one of the dedicated Romeoville divorce lawyers at Demetrios N. Dalmares & Associates, Ltd. about your own pending divorce, please call our office or send an email to firstname.lastname@example.org today. We are also happy to schedule phone and video conference appointments, so please call or contact us online at your earliest convenience.