Divorce is a difficult legal and emotional journey, and the results will directly affect your parental rights and your financial future. While your divorce will not be exactly like anyone else’s, divorce basics apply in every situation. If you’re facing a divorce, it’s time to consult with an experienced divorce lawyer in DuPage County.
Divorce terms fall into all of the following categories (as applicable to your situation):
Better understanding the basic terms of divorce can help you better protect your rights.
Parental responsibility correlates with what you might think of as legal custody, and parenting time correlates with what you might think of as physical custody and visitation. Parental responsibility allocates the responsibility for making important decisions on behalf of your children to either one of you (sole) or to both of you (joint). Parenting time sets the schedule whereby you and your children’s other parent will split your time with your children. This can be an equal division, or one of you can become the primary custodial parent while the other receives a parenting time schedule.
Those assets that you and your spouse acquired as a married couple – regardless of whose name is on the deed – are very likely considered marital property in the eyes of the law, which is intended to be divided equitably in the event that you divorce. Equitably means fairly – after all of the relevant circumstances are factored in. Those assets that you carry into the marriage with you and that you keep separate throughout will remain your separate property, but this is often easier to say than to do.
State child support guidelines direct how child support is calculated. Because both parents are held responsible for supporting their children financially, child support payments generally play a role in divorces involving children. Typically, the parent with the parenting time schedule is responsible for paying child support to the other parent, but even if your children split their time equally between you both, the higher earner among you will likely owe child support to the other (because child support is calculated relative to each parent’s ability to pay).
Maintenance or alimony is a payment system designed for highly specific situations in which one spouse experiences an economic downturn upon divorce and the other has the financial means to help. Alimony is usually a temporary fix that is meant to help the recipient gain greater financial
independence through additional education or job training.
The trusted divorce lawyers at SAM LAW OFFICE, LLC, in DuPage County have a wealth of experience successfully helping clients like you obtain favorable divorce terms that support their financial and parental rights. To learn more, please don’t hesitate to contact us today.