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Divorce Lawyers in Schaumburg

Divorce Lawyers in Schaumburg

In some ways, Schaumburg has changed considerably since the 1990s. The airport, Town Square development, and baseball stadium are all relatively new additions. However, in other ways, Schaumburg is much the same as it was in the mid-1800s, when the first German settlers, for whom the village is named, arrived in the area.

Somewhat similarly, the issues in an Illinois divorce case have changed substantially since the 1990s, at least in some ways. In other ways, mostly the principles which are involved in these cases, an Illinois divorce has not changed much since the 1800s.

At SLG Family Law, our dedicated Schaumburg divorce lawyers are committed to upholding your legal and financial rights in a marriage dissolution matter. So, we thoroughly prepare for pretrial hearings and serve as a strong voice for you once court is in session. Our Schaumburg divorce lawyers are also excellent negotiators. So, we are usually able to settle these matters out of court.

Financial Issues

Since the early days of the state, Illinois has been an equitable division state. Illinois law dictates that marital property be divided in an equitable manner, regardless of which spouse, or if both spouses, legally owned it.

To classify property as marital or nonmarital, Schaumburg divorce attorneys frequently need more than a calendar. For although any property acquired before the marriage is non-marital property, especially after a lengthy marriage, property is often commingled. For example, Wife might use money from her paycheck (marital asset) to pay her student loans (nonmarital debt). So, upon divorce, Husband might be entitled to a share of the marital assets Wife has unwittingly used inappropriately.

As for an equitable division, there is a presumption that an equal division of debt and assets does not impose an undue financial hardship on either party. However, judges often deviate from a straight-up split, based on factors like:

  • Non-economic contributions to the marriage,
  • Length of the relationship,
  • Relative earning capacity of each spouse,
  • Custody of minor children, and
  • Overall property division, including the assignment of nonmarital property.

Until very recently, alimony determinations followed roughly these same factors. But in 2016, Illinois decision-makers changed the law. Today, a mathematical formula that considered the length of the marriage and the income disparity between the parties usually determines the amount and duration of payments. Judges can deviate from the formula amount in some situations.

Child support determinations are usually formulaic, as well. Since Illinois is an income share state, this formula takes a number of different factors into account, such as the income of both parties, the number of children before the court, and the parenting time division. Other factors such as the child’s special needs are usually relevant, as well.

Emotional Issues

The parenting time division is usually the leading emotional issue in a Schaumburg divorce case. As mentioned, Illinois family law changed significantly in 2016. One of these changes was the adoption of a co-parenting law. This law presumes that children benefit from meaningful and consistent contact with both parents.

The overall principle, the best interests of the child, remains the same. If the spouses do not agree on specific best interest elements, most Cook County judges order social services investigations. The recommendations which these professionals make, although not technically binding, are extremely influential, to say the least.

Contact a Hard-Working Attorney

Most divorces have emotional and financial issues. For a free consultation with an experienced Schaumburg divorce lawyer, contact SLG Family Law.

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