The Primary Issues Addressed During Divorce

 Posted on February 14, 2024 in Family Law

Divorce brings with it many complications and concerns that need to be addressed before the union between couples can be dissolved. The main issues addressed include property division, custodial rights and support for children, and the possibility of spousal maintenance. Though not all issues may concern every couple, they are all important and common concerns that require attention during the divorce process. For representation and advice in the legal matters of divorce and what follows, contacting an experienced divorce lawyer can be vital.

Property Division

Dividing property is possibly the biggest point of contention in Illinois divorce. One half of the couple will often feel that they deserve more than the other or that they have a better claim to certain assets. Illinois is an equitable distribution state, which means that the division of property must be fair and equitable to both parties involved. Fair and equitable does not always mean a 50/50 split of assets.

Separate property is any property that a person came into the marriage with and is not subject to division. However, if the property owner commingled that property with other marital assets, then that property may now be considered a marital asset subject to division.

Child Custody and Support

The allocation of parental responsibilities is a major concern for couples who have children. Determining who a child resides with, who gets to make significant decisions on the child’s upbringing, and how often either parent can spend time with a child are all points of contention that a court will oversee. There are many factors in this determination that a judge looks at, but none more important than that of a child’s best interest.

Child support is often given to the parent who is also granted significant parenting time for a child. It is also likely that that parent will retain the family home in a divorce but this is not a guarantee. Illinois uses the income shares model to calculate the amount an obligor will pay in child support payments. This model takes both parents’ incomes, cost of living, and number of children into account to determine the final cost of child support.

Spousal Maintenance

A spouse in need of support following a divorce may receive maintenance from the other spouse for a limited or indefinite term depending on certain factors. The primary factors are the disparity between each spouse’s earning capacity and the standard of living both have grown accustomed to, as well as the length of the marriage. That last factor will often determine how long a spouse will be required to pay the other. Illinois uses a basic formula for determining maintenance payments.

Contact a DuPage County, IL Divorce Attorney

An experienced Wheaton, IL divorce lawyer can help you with all of your divorce concerns. One call to NN Legal Group can get you in touch with a lawyer who can guide you through every step of the divorce process while unburdening you of the legal heavy lifting. Contact the office for a free consultation at 630-474-0925 right now.