What Issues Must Be Resolved in an Illinois Divorce? 

 Posted on November 09, 2021 in Illinois family law attorney

When one or both members of a married couple decide to get a divorce, many issues must be resolved before the divorce can be finalized. How couples resolve these issues depends on their circumstances and their ability to get along. In the best of circumstances, couples will agree on most or all of the divorce issues and file for an uncontested divorce or even a joint simplified dissolution if there are no children involved. Couples who disagree on certain issues can pursue mediation or collaborative divorce, which generally has a very high success rate of helping spouses resolve their differences and agree to a divorce decree that is, if not perfect for everyone, at least mutually tolerable. When all else fails, or there are certain high-risk situations such as domestic violence, couples may need to pursue divorce litigation in court. A qualified Illinois divorce attorney can help determine which method makes the most sense for your situation and then help you create a roadmap for resolving divorce matters.

What Do Spouses Need to Agree On Before the Divorce is Final?

Although each couple’s circumstances will vary from case to case, certain issues must always be resolved. If couples do not have children, they will need to reach an agreement on the following matters:

• The division of debt and property - If couples signed an enforceable prenuptial agreement that addressed personal property or spousal maintenance before getting married, this will supersede state law when it comes to asset division. However, assets and debt accumulated during the marriage will still need to be divided in a way that is fair.

• Spousal maintenance - Depending on the length and circumstances of the marriage (such as one spouse giving up a career to be a homemaker), spousal maintenance may be agreed upon by spouses or ordered by a judge.

• Pet ownership - Illinois law allows spouses to have joint “custody” of a pet if both spouses want it and it would be in the pet’s best interests.

If couples have children, they must address the above issues in addition to the following:

• Allocation of parental responsibilities - Parents need to make important decisions regarding education, religion, healthcare, and extracurricular activities on behalf of their children. They can share these or divide them between each other.

• Parenting time - Parents must decide when their children will be with each parent during regular weeks and holidays, as well as how children will transition between households.

• Child support - Using the income shares method, both parents’ incomes and the amount of time they spend with the children will determine child support payments.

Speak with a North Aurora Divorce Lawyer

The prospect of divorce can seem overwhelming, but at the The Law Office of Matthew M. Williams, P.C., we are committed to helping you work through it as smoothly as possible. We will go over your options, help you understand the law, and work hard to position you for a favorable outcome. From start to finish, our Kane County divorce attorney will advocate passionately on your behalf. Schedule an initial consultation and find out why our clients say we are helpful and reliable. Call us today at 630-409-8184.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV%2DA&ActID=2086&ChapterID=59&SeqStart=5400000&SeqEnd=6200000