The marriage dissolution rate has dipped slightly since 2000, mostly due to a declining marriage rate. Yet divorce is still twice as prevalent today as it was a generation ago. Unless the marriage only lasted a few months or the parties had a solid premarital agreement, divorce almost always involves emotional and financial issues, which are outlined below.
At The Pinkston Law Group, our compassionate New Lenox divorce lawyers understand what divorcing families are going through. Many people on our professional team have been divorced themselves. So, to give you added peace of mind, we carefully lay out all your legal options, explaining the pros and cons of each one. Then, once our partnership truly begins, we proactively communicate with you so you are never in the dark.
Statistically, most divorcing couples have been married for around seven years. As a result, most divorces include child custody and related issues. Illinois, like most other states, now has a co-parenting law. Gone are the days when children “lived” with one parent and “visited” the other one. Now, the law requires both parents to assume active parenting roles, at least in most cases.
Yet there is still usually a residential and non-residential parent. This determination, and all other child custody matters, must be in the best interests of the children. A number of factors help Cook County judges and New Lenox divorce lawyers determine their best interests. Some of these factors include:
Judges often use these factors to determine best interests during final trials and pretrial hearings. New Lenox divorce lawyers must be mindful of these factors during settlement negotiations. Most judges do not approve settlements that do not reflect key best interest factors.
Custodial determinations often include a social study. A social worker investigates the matter and makes a nonbinding recommendation which carries significant weight with most judges.
Property division, spousal support, and child support usually dominate the discussion in terms of divorce financial issues.
Illinois is an equitable division state. Marital property will be split equitably, which is not necessarily the same thing as equally. Under Illinois law, the divorce cannot be an unfair financial burden on either party.
Before New Lenox divorce lawyers divide property, they must classify it. Issues like property commingling often make classification difficult.
In the Prairie State, both child support and spousal support are usually determined by mathematical formulas. Since Illinois is an income share state, the child support formula takes a number of items into account, such as the income of both parents and the parenting time division. The amount and duration of spousal support payments usually hinges on the length of the marriage and the income disparity between the spouses.
Judges can deviate from the set factors in certain situations and if the requesting party produces sufficient evidence on this point.
Marriage dissolution usually involves emotional and financial issues. For a free consultation with an experienced divorce lawyer in New Lenox, contact The Pinkston Law Group, P.C. We routinely handle matters in Cook County and nearby jurisdictions.
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