Divorce is a major transition and the terms that you resolve with your ex or that the court orders will guide you and your children’s future in important ways. Because the outcome is so significant, consulting with an experienced divorce lawyer near you early in the process is one of the most important moves you can make.
Every divorce comes down to resolving the applicable terms, which include the following:
If you and your divorcing spouse are able to find common ground on each term that applies to your situation, you can retain your decision-making authority and won’t need the court’s intervention. When it comes to negotiations, you have additional options that include turning to your respective divorce attorneys to engage in negotiations on behalf of each of you. You can also proceed to divorce mediation, which involves a professional mediator in the role of a neutral third party who helps you explore potential compromises.
Child custody encompasses parental responsibilities – or primary parental decision-making – and parenting time – or the schedule that determines how parents divide their time with their shared kids.
Parental responsibilities address major parenting decisions like the following:
When the court hands down parenting time orders, it turns to standard schedules, but when parents are able to negotiate terms between themselves, they have far more freedom to craft a schedule that works for them.
The state calculates child support according to a set process that factors in a range of variables. The primary concerns, however, are each parent’s earnings and the number of overnights each parent has. When parents split their parenting equally, the higher earner among them still generally has the support obligation.
In Illinois, property that you come to own while married is considered marital, and upon divorce, it must be distributed between you equitably, which means fairly – in relation to wide-ranging factors – but not necessarily equally. Separate property that is kept separate during the marriage remains the sole property of the original owner, but the line between separate and marital assets is often breached.
Only if one of you is left unable to continue supporting yourself at or near the same standard of living post-divorce will alimony play a role. Typically, alimony is calculated for an amount and duration that allows the recipient to gain greater financial independence.
If you’re facing a divorce, the dedicated Chicago divorce lawyers at Hammer Serna & Quinn, LLC, have the experience, drive, and resources to tirelessly advocate for terms that work for you and your children. We are here to help, so please don’t delay reaching out to contact us for more information today.
Call or email Hammer Serna & Quinn, LLC today to schedule a consultation.