Although Illinois law no longer requires you to show fault before you can be granted a divorce, it does not mean the process is necessarily simple. You must comply with many legal rules and procedures and resolve all outstanding issues before a judge will sign off on your divorce. Having experienced divorce attorneys in Orland Park on your side can help make the process less complicated and time-consuming.
Marital property consists of all the assets either spouse acquired during your marriage. Some of the most common marital assets may include:
Some property acquired during the marriage may be separate if it was a gift or was inherited by one spouse. If there is a valid premarital agreement, the property settlement process might differ according to the terms of the prenup.
Another factor to decide before your divorce can be finalized is maintenance or spousal support. If you leave this matter up to the courts, you may not be awarded any financial support. To determine what amount of spousal support is warranted in your case, the court will look at a variety of factors. Some of these factors include each spouse’s net income, job history, and employability. If the court feels one spouse should be making maintenance payments, they will also decide on payment duration. Spousal support is not typically awarded permanently, except in some marriages that have lasted a significant amount of time, i.e., over 20 years.
If you have children, you also need to have plans in place for custody and visitation. Illinois courts now refer to these matters as allocation of parental responsibilities and parenting time. Allocation of parental responsibilities deals with who will make important decisions on behalf of your children. If you can agree to do it together, the courts prefer that both parents be responsible for matters like health care, schooling, religion, medical treatment, etc. Responsibilities will differ on the day-to-day activities based on which parent the children are staying with at the time.
Parenting time is the actual time that your children spend with each parent. Parents need to propose a parenting time schedule. The courts prefer to establish a plan that gives both parents ample time with their children. If concerns are being raised about one parent, the court will take a more in-depth look. In general, judges only approve plans that are in the best interest of your children, which may not necessarily align with what the parents want.
If you need assistance with an Illinois divorce, you want a skilled family law attorney who has experience handling similar matters. Our Orland Park divorce attorneys at SLG Family Law have years of experience helping clients resolve their outstanding issues to get their divorce finalized. Contact our office today to learn more about how we can help you.
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