The rate of divorce has increased over the years, and much of it has to do with social acceptance of it. Social acceptance, however, does not make the dissolution of a marriage any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the right information can help you make informed decisions.
At Panos & Associates, we know you have questions. We help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure this difficult chapter in your life alone. We will be with you every step of the way to guide you and help you navigate the process. Get answers to your questions today and contact us online or at 708-448-9400 to schedule a consultation.
No-fault Divorces
Illinois is a no-fault state.
When a marriage is deemed irretrievably broken or one the spouses claims there are irreconcilable differences, a no-fault divorce is sought. An irretrievably broken marriage simply means the couple is unable or refuses to cohabit, and no prospects for reconciliation exist.
Property Division
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage.
Types of marital property include:
- Real estate
- Bank accounts
- Investment property
- Vehicles, boats
- Furniture
- Artwork
- Pensions
- Securities
- Retirement accounts
- Debt
Illinois follows the practice of equitable distribution where assets are divided fairly but not necessarily equally.
Spousal Support
Spousal support, also commonly referred to as maintenance, is not awarded as often as it was in the past. Its purpose is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. The couple can agree to support or the court can order it. Decisions about support are made based on many factors, but the more common factors include:
- Age
- Health (physical, mental, emotional)
- Education
- Potential to earn
- Standard of living during the marriage
- Length of the marriage
- Difference between earning capacities
Child Custody
Child custody is one of the most contentious areas of a divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents partaking in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights. Courts determine child custody based on what is in the child's best interest.
Child Support
Both parents are required to provide financial support for their children. When a parent has primary custody and the financial circumstances require it, the court may order child support from the other party. Most courts will use a child support calculator to help determine the amount.
Contact a Dependable Divorce Attorney Today
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney who will advocate for you and your family. Contact us online or call us directly at 708-448-9400 to schedule a Consultation.