Divorce can be a trying time for any family, and the end of a marriage can affect many more individuals than just you. Children, relatives, and close friends may all have opinions on how the end of your relationship should look, and it can be challenging to make the decisions that are right for you.
Every divorce is unique and requires careful planning and negotiation. If you need help with a divorce in DuPage County, we are available to help you. A knowledgeable lawyer from Reidy Law Office LLC can advise you throughout the process to help you make the decisions that are right for you.
If you are like most parents, there is no greater priority in your life than your children. As a result, child custody and visitation are often the most contentious issues in a divorce case. Courts in Illinois expect you and your spouse to work together to determine your children’s permanent residence as well as how you will split parental responsibilities and parenting time.
You must file either a joint or separate parenting plan outlining their responsibilities within 120 days after service of the petition for divorce or petition for allocation of parental responsibilities. This plan must meet the criteria laid out in the Illinois Code at 750 ILCS 5/602. If a parenting plan does not meet the statutory requirements, a judge may reject it even if both parties have agreed to the terms.
If you are divorcing in DuPage County, you are required to split your marital assets equitably. Part of the job of a divorce lawyer is to conduct a thorough review of the marital estate during the fact-finding portion of the case and accurately assess the value of the parties’ assets and debts.
The marital estate includes any property that the couple gained during a marriage, even if only one person purchased or used the asset. This can include anything from homes and vehicles to pension plans, bank accounts, retirement savings, and business interests.
During a marriage both partners may work and support the family or one partner may stay home and provide childcare. However, maintaining a household after a divorce often results in the same bills and only half of the income.
Recovering financially from a divorce often requires monetary support. When a marriage was long or when one spouse was financially dependent on the other, the court may order one person to pay spousal maintenance to the other person to help them get back on their feet. Depending on the situation, these support payments may be limited in duration or could continue indefinitely.
Both parties to a divorce case will also be required to provide an adequate amount of financial support for their children. In many cases, this means that one parent will be required to pay child support to the other. While parents can negotiate the terms of their parenting plan and child support to some extent, both parents must at least meet the state’s minimum guidelines for financial support to have their agreement approved by a judge.
Divorce cases require extensive negotiations to create an agreement that follows the law and can be approved by the court. Without the help of an experienced divorce lawyer, it can be difficult to create these agreements on your own. If you need help filing for divorce in DuPage County or want to prepare yourself for the possibility, speak with our TRIBE at Reidy Law Office LLC about your legal options.