If a divorce is on your horizon, you may not be in the mood to address the issue head on from the outset, but you are well-advised to begin preparing earlier rather than later. In fact, if you make consulting with an experienced divorce lawyer in Plainfield your first step in the divorce process, you’ll be doing yourself and your case a favor.
Your divorce will be utterly unique to you, your marriage, and your family. This being said, however, there are some major elements of divorce that apply universally. These include (as applicable):
Let’s take a closer look.
Marital property refers to that property that you and your spouse acquire together during your marriage – regardless of who makes the purchase or whose name is on the deed. Those assets that came with you into the marriage, on the other hand, will generally remain your separate property. Upon divorce, your marital property must be divided equitably, which means that you’ll divide it in a way that makes sense, given the circumstances of your marriage and divorce. In other words, there’s a lot of room for negotiation involved.
In Illinois, child custody is divided into both legal and residential (often called physical) custody, and both can be either sole (one parent is awarded custody) or joint (both parents share custody). Legal custody relates to who will be making important decisions on behalf of your children moving forward, including decisions about:
Residential custody refers to whom the children live with and according to what schedule. Even in situations in which sole residential custody is awarded, the court will generally grant the other parent a visitation schedule – barring a compelling reason to rule otherwise. The court is always guided by the best interests of the children, and the court’s presumptive stance is that the children benefit from maintaining a relationship with both their parents.
Both parents are naturally responsible for supporting their children financially, and child support is a payment system that helps balance this responsibility. Child support is calculated according to a state schedule, and the parent who spends less time with the children generally pays child support to the other parent.
Many divorces don’t result in alimony payments, but when one spouse is left with financial hardship, and the other has the financial means to help, temporary alimony payments may be deemed appropriate. The longer your marriage and the more sacrifices you made in support of your spouse’s career, the more likely that you will be awarded long-term alimony.
At Sabuco Beck in Plainfield, our dedicated divorce lawyers have decades of experience that inform every case we take on, and we’re committed to applying the full breadth of this experience in guiding your case toward terms that work for you. Your case is too important to leave to chance, so please don’t hesitate to contact us for more information today.