Divorce is not easy. Even when the breakup itself is reasonably amicable, and there is general agreement between the spouses on key issues like dividing property and alimony, there are still a number of legal issues that need to be addressed before the marriage is finally dissolved. In cases in which there is less agreement and more discord, the tension of divorce proceedings can quickly escalate. If you are considering divorce–or you have already been served with papers by your estranged spouse–you need to contact a lawyer as soon as possible.
The Bolingbrook divorce lawyers at SLG Family Law offer compassionate, professional representation. We know that even speaking to a lawyer can be difficult. You may be afraid that hiring an attorney means you will end up in a long, drawn-out court battle. But rest assured, our only goal is to resolve your case in the most effective and efficient manner possible.
In the past, divorces in Illinois were fault-based, which meant that one spouse needed to accuse the other of some type of wrongdoing that led to the deterioration of the marriage, such as adultery, abandonment, or habitual drug abuse. However, this is no longer the case, and couples can now seek a “no-fault” divorce provided they have lived “separate and apart” for at least six months in most circumstances. If both parties agree to the divorce, the period of living separately may not be required.
While each divorce is unique, there are some common issues that spouses will need to resolve in order to end their marriage.
Property Division – Illinois courts are required to make an equitable distribution of any property acquired during the marriage. “Equitable” does not always mean 50/50. The parties themselves can resolve any issues of property division through a negotiated or mediated settlement.
Child Custody – One subject the parties cannot resolve entirely on their own, however, is child custody. While the parents’ (and child’s) wishes may be taken into account by the court, a judge is ultimately required to make custody determinations based on the “best interests of the child.” This requires looking at a number of factors, such as each parent’s relative physical, emotional, and financial stability and any special needs the child might have.
Child Support – Similarly, when it comes to a non-custodial parent’s obligation to pay child support, the court is bound by certain laws. Illinois maintains statewide child support guidelines that are based on each spouse’s net income.
No two divorces are the same. In some cases, the parties may be on the same page with respect to child custody but disagree sharply on how to divide property. In other scenarios, just the opposite is true. Whatever your situation, SLG Family Law is ready to get to work and help you address any outstanding issues related to your divorce. Call our office today to schedule a free initial consultation with our qualified Bolingbrook divorce lawyers.
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