Family Law Attorneys For Divorce And Legal Separation In Downers Grove

Legal Issues To Address During Divorce

When you get divorced, this will legally dissolve your marriage, and you and your ex-spouse will no longer be united in a legal partnership. To complete the divorce process, you will need to resolve all of the issues involved in ending this partnership.

You may be able to work together to cooperatively resolve divorce issues, either by negotiating a settlement with the assistance of your respective attorneys or by using mediation. However, if you cannot reach an agreement on some or all of the outstanding issues, you may need to resolve these matters through litigation. The issues that you may need to address during the divorce process include:

• Property division – All of the marital property you and your spouse own together, including physical property, financial assets, and debts, must be divided fairly and equitably between the two of you.
• Spousal support – One spouse may need financial support in order to meet their needs following divorce, especially if they are a stay-at-home parent or earn a much lower income. If spousal maintenance is awarded, it will be based on the actual amount of income each party earns, and the length of payment may vary based on the length of the marriage.
• Child custody/allocation of parental responsibilities – Divorcing parents will need to determine how they will work together to make decisions about child-related issues such as education, health care, religion, and extracurricular activities. They will also need to determine a schedule for the parenting time children will spend in each parent’s home and how holidays will be divided.
• Child support – Both parents are obligated to provide financial support to meet children’s daily needs and cover certain child-related expenses. Child support is based on the parents’ incomes and, in some cases, on the amount of time children will spend with each parent.

Once your divorce is complete, a divorce decree or judgment will be issued, and both you and your ex-spouse will be required to follow its terms. However, if your circumstances change in the years following the end of your marriage, you may be able to ask for a post-divorce modification. Circumstances could include changes in jobs or income level of either spouse or in the medical or educational needs of the child(ren).

Should We Consider Legal Separation?

If you are not yet ready to legally end your marriage, you may want to consider separating from your spouse on either a temporary or permanent basis. You can petition for a legal separation, which is similar to filing for divorce. This will allow you to make decisions about how issues such as property division, child custody, and spousal support will be handled during the separation, but you and your spouse will remain legally married.

If either of you decides to pursue divorce at some point, many of the decisions in your separation agreement can be incorporated into your divorce settlement, and this may allow you to avoid some of the conflict involved in the divorce process.

Contact Our Downers Grove Divorce Attorneys

Whether you are preparing for divorce or have already begun the divorce process, you need an experienced and dedicated divorce lawyer on your side. Our attorneys can answer your questions, help you understand your rights and requirements, and work with you to complete your divorce successfully.

Contact us online today or at 630-427-4407. We represent clients throughout DuPage County, Kane County, Kendall County, Will County, and Cook County.