Divorce can be a challenging and emotional time, and it is common to have many questions about the process. Understanding the basics of divorce can help you make informed decisions and navigate the process with confidence.
In this article, we will address five of the most commonly asked questions about divorce. We will discuss when the right time to get a divorce is, how property is divided in Illinois, how child support and maintenance are calculated, what is normal with regard to parenting and custody, and how to find the right attorney for your situation. By the end of this article, you should have a better understanding of the divorce process in Illinois and be better prepared to make informed decisions about your future.
- When is the right time to get a divorce?
Deciding to get a divorce is a major decision that should not be taken lightly. The right time to get a divorce is a personal decision that depends on various factors, including emotional, financial, and legal considerations. If you’re experiencing constant conflict, infidelity, abuse, or other irreconcilable differences, it may be time to consider divorce. It’s essential to work with a therapist or counselor to process your emotions and make a clear-headed decision.
- How is property divided in Illinois?
Illinois is an equitable distribution state which means that marital property is divided fairly but not necessarily equally between the spouses. The court considers various factors, including the length of the marriage, each spouse’s income, contributions, earning capacity, and any prenuptial or postnuptial agreements. Property acquired before the marriage, gifts, and inheritance are considered non-marital property and are not subject to division.
- How child support and maintenance are calculated in Illinois?
Illinois uses a formula to calculate child support and maintenance, also known as spousal support or alimony. The formula considers the number of children, each parent’s net income, parenting time, and other factors. Child support is calculated based on the combined net incomes of both parties, while maintenance is based on a formula that considers the length of the marriage and the income of both spouses.
- What is normal with regard to parenting/custody?
In Illinois, the court encourages joint custody, which means that both parents share in the decision-making regarding the child’s upbringing. The court considers various factors, including the child’s best interests, each parent’s involvement, and the child’s relationship with each parent, in determining the parenting arrangement. The court may award sole custody if it’s in the child’s best interests or if one parent is unfit or unwilling to co-parent.
- Who is the right attorney for you?
Choosing the right attorney is essential for a successful divorce case. Look for an attorney who specializes in family law and has extensive experience in divorce cases. Consider their communication skills, availability, and fees. A good attorney should be honest, transparent, and committed to protecting your rights and interests. Don’t be afraid to ask for references and conduct research before choosing an attorney.
In conclusion, getting a divorce in Illinois involves various legal, financial, and emotional considerations. It is essential to work with a therapist, counselor, and attorney to navigate the process and make informed decisions. Remember to keep the best interests of your children and yourself in mind and be patient as the process can be lengthy and emotionally draining.
Robert J. Friend, Associate
For more information on Mr. Friend, please visit: https://www.beermannlaw.com/team/robert-j-friend/
