If you are preparing to divorce or are already facing a divorce, it’s important to move forward with purpose, and an experienced Chicago divorce filing lawyer can prove invaluable on this journey. The terms of your divorce will directly affect your parental and financial rights, which means that it is important to stay focused – amidst the emotional mayhem that tends to accompany divorce.
Your divorce will not follow exactly the same course as anyone else’s, but the basic terms that must be negotiated remain the same across the board and include (as applicable):
Those terms that you and your divorcing spouse are able to negotiate between yourselves (with the professional legal guidance of your respective divorce attorneys) will generally remain your decisions to make, but those that go unresolved will require the court’s intervention.
The terms of your divorce that relate to your financial rights include both the division of your marital property and alimony (as appropriate). Those assets that you and your soon-to-be-ex acquired over the course of your marriage are considered marital property, and they are to be divided equitably in the event that you divorce. Those assets that you bring into the marriage with you must be kept separate throughout in order for them to remain separate property.
Alimony is only considered appropriate in those divorce situations in which one spouse experiences a financial setback and the other is able to help. The intention of alimony is generally to provide the financially disadvantaged ex the leg up he or she needs to become more financially independent.
The divorce terms that relate to your parental rights include your child custody arrangements and child support. Legal custody is called parental responsibility in Illinois, and it relates to who will be making important decisions on behalf of your children as you move forward, including decisions about the following:
Legal custody can be either sole or joint. Physical custody is called parenting time in Illinois, and it refers to how you and your children’s other parent will split your time between your children, which can be equal or not. While one of you may become your children’s primary custodial parent, the court bases every child custody decision on the best interests of the children, and as such, is unlikely – barring a serious reason for doing so – to deny parenting time to the other parent (the prevailing wisdom is that children fare better with both parents in their lives).
Child support is generally a fairly straightforward process that is based on state calculation guidelines and that takes both parents’ earnings into consideration.
The impressive Chicago divorce filing lawyers at The Law Offices of George M. Sanders have the experience, legal insight, and dedication to help you. For more information, please don’t wait to contact us today.