Divorce is a challenging transition in the life of anyone going through it, and while you may be at a loss regarding your next move, better understanding the divorce basics is a great place to start. One of the most important steps anyone who is facing or seriously considering a divorce can take is consulting with an experienced Hoffman Estates divorce attorney.
Every divorce is unique to the couple, the circumstances, and the issues involved, but negotiating the primary divorce terms is the one constant. These terms include:
You and your divorcing spouse can negotiate these terms between yourselves (with the guidance of your respective divorce attorneys). You can also allow your respective divorce attorneys to negotiate on behalf of your best interests, and beyond this, there are alternative dispute resolution (ADR) options, such as mediation, that are available. If you are unable to ultimately resolve each of the divorce terms that apply in your case, you’ll need the court’s intervention.
Parenting time and parental responsibilities are the two components of your child custody arrangements. Parental responsibilities refer to the big parenting questions and who will be making them. These include decisions about where your children will attend school, their extracurriculars, their religious upbringing, and their health care. Parenting time refers to the time that each of you spends with your children, and it can be shared equally, or one of you can take on the primary custodial role.
Child support is calculated according to state guidelines that take varied factors into consideration, but the primary concerns are the number of overnights each parent has with the children and each parent’s income. It’s important to note, however, that even if you split your parenting time evenly, the parent with the higher income will likely have a child support obligation. Additionally, the court has the discretion to deviate from the state’s calculation guidelines if there is a compelling reason for doing so.
The assets that you obtain while you are married – regardless of who makes the purchase – is marital property, and upon divorce, it must be divided equitably, which means fairly (rather than necessarily equally).
If the divorce leaves one of you with financial difficulties and the other has the financial means to help, alimony may be deemed appropriate. Alimony is generally intended to allow the financially disadvantaged spouse to gain the financial independence he or she needs through further education or the acquisition of job skills.
If you’re facing a divorce, the practiced divorce attorneys at SAM LAW OFFICE, LLC, in Hoffman Estates, Illinois, have the experience, dedication, and legal insight to help. To learn more, please don’t hesitate to contact us today.