Free Initial Consultations
630-580-6373With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
630-580-6373630-580-6373
There are two types of child custody: one is physical custody, which is when a child is physically under a parent’s care. Illinois law refers to this as "parenting time."
The other type of custody is called legal custody. This refers to making major decisions about the child, such as:
Medical decisions, like whether to follow natural medicine or conventional medicine
Educational decisions, like where the child will go to school
Religious upbringing, like which faith the child will practice and to what degree
When it comes to parenting time, state law and many child development experts agree that both parents should be involved as much as possible. Illinois courts therefore prefer to award both parents joint physical custody by default, excepting certain cases like if one of the parents is abusive or neglectful.
When two people get divorced in Illinois, they are both entitled to marital property. Marital property is what Illinois law calls possessions or assets that either spouse acquired during the marriage. With some exceptions, these assets belong to both parties and are divided in a divorce. The couple can divide the property between themselves or a court can do it for them.
When an Illinois court divides marital property between two spouses, it does so fairly, not equally. This can make the process somewhat complex because instead of just dividing everything in half, it is up to the judge to decide how the property should be divided. Property division becomes even more complex when it involves assets that are hard to divide, such as a family business. An Illinois property division attorney will defend your interests throughout the process and make sure you receive your fair share.
Much of the divorce process focuses on finances. Spouses who dissolve their marriages are sometimes required to pay child support and spousal support (alimony). They may also be required to divide their marital property, which refers to money and possessions belonging to both parties. These obligations can take a heavy financial toll.
However, spouses can protect themselves and limit financial hardship by preparing for divorce. This article will discuss three ways to prepare financially, but it is always best to consult an Illinois divorce attorney about what steps you can take.
A crucial way to prepare for divorce is to collect the relevant financial documents. However, this is easier said than done for spouses going through bitter divorces. If you are in a hostile divorce, you may have trouble getting access to these documents, especially if you are the "out-spouse." An out-spouse refers to a spouse who does not have knowledge or access to the couple’s financial assets. The in-spouse is the spouse who manages the couple’s finances.
Illinois is made up of 102 counties. Each county follows state and federal laws, but they also have some of their own rules that differ from each other. Every county has courts that have jurisdiction over the area, which means the courts enforce their county’s laws.
When you file for divorce in a county court, that court is called your “venue.” Usually, your venue is in the county you live in because that is where people often file for divorce. However, there are certain reasons why a spouse may wish to change the venue after the divorce has been filed.
If you think you might want to change the venue, speak with your Illinois divorce attorney about what steps to take.
There are several reasons why someone might ask for a change in venue. For example:
It is normal for there to be conflicts in divorce. When two people who share a life together decide to separate and divide that life, disagreements are bound to come up. However, divorce is also known to breed hostility and other negative feelings. These can lead to unnecessary conflicts that are not only unhelpful but can derail the divorce negotiations.
When you go through a divorce, consulting with an Illinois high-conflict divorce attorney is a great way to avoid unnecessary conflict. An experienced lawyer knows where in the process most couples run into friction and will help you avoid those hotspots.
Here are five ways to avoid unnecessary conflict in an Illinois divorce.
There are several hot-button issues that often need to be worked out during a divorce, such as:
A wedding ring is a symbol of marriage and is given from one person to another with the expectation that they will marry. A common question, therefore, is whether a spouse must give his or her wedding ring back to the other spouse when the marriage ends. This is an especially common question with wedding rings that cost thousands of dollars.
If you get divorced, your spouse may demand the wedding ring back. He or she may even claim that it is marital property and must be divided between the both of you. This article will discuss whether a wedding ring is marital property and must be returned in a divorce. It is always best to direct any questions regarding divorce to a qualified Illinois divorce attorney.
Illinois law defines marital property as anything acquired by either spouse during the marriage. If one party obtained ownership of something after the marriage began, it is considered marital property and belongs to both spouses. Assets like cars and houses, therefore, are often divided in a divorce.
Among the many decisions that need to be made during a divorce is how to split parenting time. Parenting time is when a parent has physical custody of his or her child. In Illinois, both parents are entitled to equal parenting time with their child by default. A court will award one parent more parenting time if it is in the child’s best interest.
There are many ways to split parenting time between two divorced parents. This includes dividing holidays and summer vacation with the child. It is not always clear which schedule is the right one for you and your child, however, so consult with an Illinois family lawyer before committing to a parenting schedule.
When two parents get divorced in Illinois they are required to create a parenting plan. This is a document that details how the spouses will parent the child after the divorce. A major part of the parenting plan is the parenting time schedule, which outlines how the spouses will divide the weeks, holidays, and summer vacations with the child.
It is common in an Illinois divorce for a judge to order one of the parties to pay child support and/or spousal support, also known as alimony. This is called an order for support. An order for support contains all the details about making the payments, such as the amount, the frequency, the dates, and how the payments must be made.
One of the main ways support payments are made is through income withholding. This is a process through which a certain amount of income is withheld from the paychecks of the obligor, or the party who has been ordered to pay the support. The money is then passed on to the obligee, or the spouse who is supposed to receive the payments.
Income withholding can come with certain challenges, such as retaliation from an employer. It is important, therefore, to involve an Illinois family lawyer as soon as you receive an order for support.
One of the most complicated parts of the divorce process is asset division, also known as property division. It involves identifying a couple’s marital property, which means those assets that belong to both spouses jointly. Once identified, the marital property is then divided between the parties.
Asset division can become even more complicated if there are international assets, such as:
Vacation homes overseas
Foreign investment properties
Foreign retirement accounts
Overseas trusts
Overseas bank accounts
If your divorce involves foreign assets, consult our Illinois divorce attorney with experience in complex asset division. He will know which assets need to be divided and will engage a forensic accountant when necessary.
Under Illinois law, spouses who get divorced are entitled to marital property. Marital property refers to assets that were acquired during the marriage. Generally, if something was acquired by either spouse during the marriage, it becomes marital property and must be divided fairly in a divorce. If something was acquired by a spouse before the marriage, however, it is not divided.
There are some exceptions to this rule, such as commingled property. This article will discuss marital property and commingled property.
Because property division is a complex area of divorce law, any questions about marital property should be directed to a skilled divorce attorney in Illinois.
Illinois law defines marital property as anything that was acquired during the marriage, for example:
2224 W. Ferry Road, Unit 113, | |
1776 S. Naperville Road, Building A, Suite 105, | |
321 N. Clark Street, Suite 900, | |
58 N. Chicago Street, Suite 102, | |
2407 West Lockport Street, Suite 201-H, |
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
