Divorce & Family Law in Marion, IL

2. Although most couples who are divorcing have disagreements about certain issues, with proper legal representation, these disputes may be resolved through negotiation.

3. Issues that can be settled in negotiation include: division of property; division of debt; whether one person will have to pay maintenance to the other, and if so, how much and for how long; custody and visitation arrangements and each person's financial obligation to the children. If an agreement cannot be reached, a trial will be held.

4. Marital property includes real estate, cars, financial accounts, stock portfolios, retirement plans, and other tangible assets. Anything that is acquired during the marriage is considered marital property regardless of who earned the most money while the parties were married. Marital property does not include gifts, inheritance, or items specifically excluded by a pre-marital agreement.

5. In dividing marital property, Illinois law requires an equitable division as opposed to an equal division. In determining what is equitable, the financial contributions of the parties are considered, along with each person's financial circumstances. If one party used marital income for purposes not related to the marriage, there may be a claim for dissipation.

6. Whether there is any award of maintenance, the amount of money and length of time of the payments will continue, depends on the circumstances the marriage.

7. Some of the most painful and expensive disputes that parents have involve the custody and visitation of their children. A judge typically requires all parents who have disagreements about these issues to attend parenting programs or participate in mediation. If parents are unable to reach an agreement about custody and visitation, an attorney may be appointed to represent the best interest of the children. In this case, the parents will be responsible for paying the fees of that attorney, as well as their own attorneys' fees.

8. Both parents have an obligation to support their children. When one parent has residential custody, the law assumes that the residential parent is contributing to the children's needs, and directs the other parent to pay a percentage of his/her income to the custodial parent.

9. The obligation to pay child support continues until a child reaches 18 or graduates from high school. both parents may also have an obligation to contribute to a child's post-high school education.

10. Victims of domestic violence may ask the court for an Order of Protection for herself, himself, or on behalf of someone who is unable to ask the court themselves. If the court finds there is a danger of abuse, it may limit the contact between the parties for a period of time.

11. Only an attorney should give you legal advice regarding divorce, custody, and visitation. Contact us to schedule an appointment for legal counseling.