Divorce Basics – Examining the Major and Most Common Issues in Divorce

 Posted on April 14,2017 in Family Law

Divorce can bring on a confusing mix of emotions and high levels of stress. Often, this is because couples are not certain of what to expect during the process. Rest assured that, although every divorce is unique, many contain similar aspects. Though complex and different in their application from one divorce to the next, understanding these major and common issues can help reduce the anxiety that you may be feeling and prepare you for the journey ahead.

Division of Marital Assets

Unless you and your spouse developed a comprehensive, well-planned prenuptial agreement, it is likely that you will need to go through the division of marital assets. Despite common misconception, this is not a 50-50 split in Illinois. Instead, Illinois is an equitable distribution state, which means you and your spouse will split your property, assets, and debts in a “fair” manner. What equitable means will vary from one couple to the next, and how each couple determines it will depend greatly on their situation.

Couples can negotiate a “fair” settlement with the help of a mediator or divorce lawyer, which could save both time and money when compared to traditional divorce. However, not all couples are eligible or capable of negotiating a settlement. In such situations, a judge determines the division of assets by examining several factors, such as future earning potential, current income, and the health and mental well-being of each party.

Parenting Time and the Allocation of Parental Responsibilities

When children are involved, parents must create and submit a parenting plan that outlines their goals for both the allocation of parental responsibilities (formerly known as custody) and parenting time (formerly known as visitation). Parents are generally encouraged to try and work this issue out between themselves and their mediator or attorneys. If they are unable to agree upon these child-related matters, the decision is then left up to a judge who will make their decision based upon what they perceive to be in the best interests of the child.

Spousal Support and Child Support

Not all divorces will include a determination for child support or spousal support, but these issues are common. Spousal support, which is paid to a disadvantaged spouse, may be temporary or permanent, and it is determined by examining several factors. Child support is generally paid until the child is no longer a minor, and it is most often paid to the parent with the greatest amount of parenting time. Factors relating to the child (i.e. special needs) and the income of each parent are considered when determining the amount.

Contact Our DuPage County Divorce Lawyers

Regardless of how simple or complex your divorce may seem to be, it is important to have guided and experience assistance through the process. With over 200 years of combined experience, Mevorah & Giglio Law Offices offers the support, knowledge, and compassionate services you need. Schedule your free consultation with our DuPage County divorce lawyers by calling 630-932-9100 today.

Source:

http://www.charlotteobserver.com/living/health-family/moms/article126030604.html