The issue of custody of the children continues to be the most emotional, time consuming and expensive element of any divorce action. When it comes to the children, couples who chose to put their interests ahead of those of the children will find themselves paying tens of thousands of dollars to have Judges, Attorneys, Mediators and otherwise disinterested individuals to make parental decisions for them that will impact your children for the rest of their lives. It is important to note, that Illinois no longer makes a "Custodial" or "Residential" designation as to which parent will have the children. Illinois now "Allocates" parenting time between the Parents and also allocates the Parental Responsibilities necessary to raising the children.
Illinois has recently transitioned to a completely "No Fault" divorce State. The only grounds available for a Divorce in Illinois are those of Irreconciable Differences. One party has to testify that during the course of the marriage irreconciable differences arose between the parties, the result of which the marriage is irretrievably broken. If the other spouse wishes to contest these grounds, then the parties must wait six months before the divorce can be entered. After six months the grounds basically cannot be contested.
Issues Presented in A Divorce Case
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Illinois continues to be a "Guideline State when setting the Amount of Child Support between the parents. However, recent Case Law has made it possible for the parent who has the least amount of time with the children to actually receive Child Support from the parent who has the majority of time with the children. Call us to discuss.
Along with Child Support, the court will also allocate, Educational Expenses, Uninsured Medical Expenses, Life Insurance and Extracurricular Expenses. Call me to review how this allocation is made.
The issue of Maintenance, Alimony or Spousal Support continues to another source of highly contested litigation between spouses. The Court is authorized to order a form of spousal support, but to whom, how much and for how long continue to plague the litigants, their lawyers and the Judges. In 2015 Illinois passed a guideline maintenance statute, but the initial question of whether you or your spouse is entitled to maintenance still needs to be answered. Also the Maintenance Statute does not mandate maintenance to be paid over the first $250K dollars of income, or present guidelines over this amount. This is an area that you really need an experienced lawyer to help you navigate these murky waters.
Call for a Free Initial Consultation 630-571-3360
P.O. Box 5396 Wheaton, IL 60189-5396
Serving the Chicagoland area for 35 years