Illinois has many stipulations relating to divorces, regardless of whether they are fault or no-fault in nature. It is due to these considerations that many divorcing couples in the greater Chicago area opt to work with Schaumburg divorce lawyers. Many factors are considered in divorce cases from the length of the marriage, and the number and age of the children, to the amount of income of each spouse and their expected future wages.
Child Custody and Support
Custody decisions are based on factors such as the fitness of the custodial parent, the mental health of both parents and in some cases, the wishes of the child. A history of domestic violence can sway a judge away from granting custodial rights.
Child support in Illinois is calculated based on Compiled Statutes 750 ILCS 5/505, considering factors such as the age and number of children and the income of the noncustodial parent. The cost of living in the greater Chicago area can be high, especially for families with school-age children, a fact that is also given consideration.
Division of Marital Property and Any Common Debt
Finances in Illinois divorce cases are not divided equally but are instead distributed in an equitable manner. Depending on the contributions made during the term of the marriage, as well as future income prospects, the division of property and debts will be calculated by the judge in the manner which they deem to be most fair. All marital misconduct, such as infidelity or physical violence, can be introduced during the divorce proceedings and are often significant factors in the judge’s determination.
In Illinois, marital misconduct does not have any bearing on the determination of spousal support even if the overall divorce proceedings are brought on a fault basis. Schaumburg divorce lawyers can advise their clients on what to expect in relation to spousal support based on such factors as the length of the marriage and the future earning potential of each spouse.
Divorce is often a painful but necessary undertaking, and Schaumburg divorce lawyers can advise their clients on cost-effective and least stressful strategies during their divorce proceedings.