Even the most civil divorce can be overwhelming. If you have decided to end your marriage, you may be unsure of what to do or how to protect yourself and your family.
A Kankakee County lawyer can help you navigate the divorce process and start planning for your future. With the help of an adept divorce attorney from Reidy Law Office LLC, you can work towards a divorce settlement that reflects your unique needs.
In any divorce, you will have to determine three main issues. These include the division of property, custody and financial responsibilities of your children, and spousal support. While not every married couple will have to work through each of these issues, these three topics tend to cause the most conflict in a divorce.
A divorce attorney who practices in Kankakee County can help you work through complicated emotional and financial issues to create a divorce settlement. Throughout the negotiation process, our attorneys can advocate for your interests to make sure the final settlement is fair to you.
During a divorce, the Court required to distribute your marital property in an equitable, or fair, manner. Illinois is an equitable division state, which means that you and your spouse do not have to split your assets and debts equally. Instead, marital assets can be divided based on your unique circumstances. For instance, if your spouse is much more financially secure, then you may receive more marital assets or property.
In a divorce, you and your spouse can agree how to divide your assets and debts. If you cannot agree on the terms, a judge will make this decision for you. A judge deciding property division can examine several factors in determining what is fair, including the length of the marriage, the value of the assets, and each person’s financial situation. In some cases, a judge may decide to award additional property to one spouse instead of alimony. There is not a fixed formula applied to every case.
In 2016, lawmakers in Illinois overhauled the Illinois Marriage and Dissolution of Marriage Act, found at 750 ILCS 5. One of the major changes the state made to the law was to change the terminology used for child custody and visitation. Rather than referring to custody, which denotes possession, the law now speaks of the allocation of parental responsibilities. Instead of visitation, parents now share parenting time.
Though the terminology is different, the concepts of custody and visitation still exist. You will still need to create a parenting plan that either gives each person shared responsibilities over the children, or that gives one parent primary decision-making power. You will also need to choose the children’s primary residence for purposes such as school registration.
It can be difficult to correctly calculate spousal support, child support, visitation time, or the division of your property without help from an experienced lawyer. An attorney in Kankakee County can help you throughout the divorce process.
If you are considering filing for divorce or need representation in a divorce case filed against you, contact Reidy Law Office LLC today and protect your legal rights. Call today for a consultation.