How Divorce Legislation Impacts Custody, Support, and Property Division

Divorce, or dissolution of marriage, can be legally challenging and emotionally harmful, even if you and your spouse have decided divorce is the right choice for your family. Going through a divorce can result in property division and, if you share children, allocation of parental rights and responsibilities and support. Understanding how divorce legislation can impact parental rights, support, and property division can make the process more manageable.

Experienced Family Law Support

Even when the parties have mutually agreed to the divorce, working with a family lawyer is recommended. It can be impossible to determine whether the other party is actually on board with the divorce or is pretending to agree to seek a better outcome for themselves. Additionally, attitudes can become volatile in emotionally challenging situations like divorces. Working with an impartial family law attorney can help you protect yourself and ensure the divorce is fair.

Schaffer Family Law, Ltd., has more than three decades of experience helping members of our community resolve their divorce so they can move on with their lives. Our extensive family law experience means we can also help with issues like property division, allocation of parental rights, and child support.

Divorce and Child Custody and Support

When going through a divorce, one home will become two. This is a significant change, especially if the divorcing spouses share children. During the divorce, allocation of parental rights and responsibilities must be determined.

Once a divorce has been filed, the parties are required to file a proposed parenting plan either separately or jointly. If the parents cannot reach an agreement on these issues, then the court may require them to attend mediation. For some couples, working with an impartial third-party mediator can help them communicate their opinion and reach a compromise for parental rights and responsibilities.

Additionally, divorcing parents are required by Section 404.1 of the Illinois Marriage and Dissolution of Marriage Act and Illinois Supreme Court Rule 924 to attend a court-approved parenting education program. Approved courses are meant to protect children’s best interests by educating parents about the effects of divorce on children and helping them find effective co-parenting methods to implement during and following their divorce.

Child support and maintenance will also be determined during a divorce. Both parents are obligated under Illinois law to support their children, and the amount is determined using an income shares model. This model considers both parents’ incomes and requires the use of charts provided by the Department of Healthcare and Family Services. While the divorce is pending, temporary child support can be sought before a final judgment is entered.

Divorce and Property Division

Illinois is a no-fault divorce state, meaning neither spouse can legally be blamed for the divorce, regardless of behavior. Neither party needs to prove negative actions like adultery, mental or physical abuse, or substance abuse in order for the divorce to be granted.

Once at least one spouse has decided to proceed with a divorce, the marital property must be split between the spouses. Spouses have the opportunity to work together to determine how to separate their property, but the split must be approved by a Judge.

Property in Illinois is split equitably, not equally. This means the marital property should be split in a way that is fair for the spouses, even if the property is not divided 50/50. The only time the Judge is permitted to use a spouse’s misconduct when dividing property is when that misconduct affected the marital property, such as a spouse purchasing extravagant gifts for an affair partner.

Why Retain Schaffer Family Law, Ltd., for Your Divorce?

Divorce law can be complicated. Any mistakes can result in months of delay and significant added expense. A drawn-out divorce can also result in resentment, making co-parenting more difficult. The legal team you choose to work with can make all the difference.

Schaffer Family Law, Ltd., is the right choice because we are:

• Experienced. We have more than 38 years of experience helping our community through difficult family law issues.
• Compassionate. Divorce and other family law concerns are some of the most challenging to navigate because of the emotions involved. We understand how hard it can be to separate from your spouse and create a new life for your children.
• Professional. Our team is reliable, trustworthy, and dedicated to our jobs.

FAQs

Q: Do Most States Employ Equitable Principles When Dividing Marital Property?

A: Most states do employ equitable principles when dividing marital property. In fact, 41 states utilize equitable distribution and focus on a fair division of property over an equal split. Nine states use the alternative method, called community property states, where the marital property must be split equally. Speaking with an Illinois family law attorney can help you determine what would be an equitable property distribution in your situation.

Q: How Is Property Divided in Divorce?

A: The method of property division depends on multiple factors, but it heavily depends on where your divorce will be filed and where the property resides. In Illinois, you have the option to work with your spouse to equitably split your property. If you cannot reach an agreement, a Judge will step in to create an equitable solution.

Q: What Are Some Mistakes Made During Divorces in Illinois?

A: There are many potential mistakes that can be made during a divorce. Not understanding Illinois law is an especially egregious mistake, but so is allowing emotions to impact your decision-making processes. One of the most effective ways to prevent making a mistake during your divorce is retaining an informed family law attorney.

Q: Do I Need an Attorney if I Am Getting Divorced?

A: In most instances, it is highly recommended that you hire a divorce lawyer. They can help with several aspects of your divorce, including ensuring any documents are completed correctly, your side of child custody concerns are documented, and property division is equitable. Different jurisdictions can impact relevant laws, so a family law attorney can also help you ensure your actions are legal.

Hire a Divorce Lawyer in Illinois

Divorcing your spouse is a massive undertaking with implications for the allocation of parental rights, support, and property division. It is crucial to work with a family law attorney who can help you navigate every part of the divorce process.

Schaffer Family Law, Ltd., has a long history of positive client interactions and favorable case outcomes. If you are divorcing your spouse, contact our office for a consultation today.