Getting a divorce is a life-changing and challenging process. Things can get even more complicated when determining child custody and how assets will be divided between both spouses.
We focus our practice on divorce and family law. Our valuable experience in family law courts across Illinois makes us an unmatched legal resource to men and women in unhappy marriages and to families in crisis. No matter your situation, we will guide you through the important decisions you’ll need to make to achieve your goals and find happiness.
Self-representation will cost you in the long run
Self-representation in court may seem like a cheaper and easier option, but it will likely end up costing you more in money and legal troubles in the long run. You may not have a full understanding of the legal system, which is OK.
A divorce lawyer can help you navigate the process and ensure that all paperwork is filled out correctly. A divorce lawyer also knows exactly how to prepare your case and obtain all necessary documents before you appear in court.
Division of property is a complex process
Illinois is an equitable distribution state. That means that property and assets are divided between both spouses on a fair and equitable basis. Under these conditions, the two spouses can reach an agreement on their own before appearing in court.
If an agreement can’t be reached, the court will have to decide how property and assets are divided in a way that it considers fair. For many divorces, assets will be split 50/50, but not in all cases. The court will consider the following factors when making its decision:
- The financial well-being and earning potential of each spouse
- Each spouse’s future financial needs
- The value of each spouse’s property and assets
- How much each spouse invested in acquiring property and assets
- Each spouse’s age and overall health
- Alimony obligations
It’s best to consult with an experienced divorce attorney before resolving the division of property.
Who will get custody of the children?
When determining which spouse will get custody of the children, the court will base its decision on the best interests of the child or children.
There are two types of child custody in Illinois, including:
- Physical custody: A child lives with one parent. In many cases, a sole physical custody arrangement allows a child to have visitations with the other parent. Under a joint physical custody arrangement, a child will spend a significant amount of time living with each parent.
- Legal custody: One parent is granted the right to make primary decisions regarding a child’s welfare and needs. If joint legal custody is granted by the court, both spouses will have equal decision-making power (even if one parent has sole physical custody of a child).
The court’s decision to grant child custody will depend on the following factors:
- Which parent spends the most time with a child or provides the most support and care.
- The stability of each parent’s home.
- Each parent’s availability and ability to be involved in a child’s life.
- The custody wishes of each parent.
Divorce lawyers who know Illinois
If you and your spouse have decided to proceed with a divorce, don’t go it alone. An experienced divorce lawyer at Courtney Clark Law P.C. can guide you through the legal challenges.
We know Illinois. We know the state laws. We know the mediation process. We’ve worked with other divorce lawyers and judges, and we’re ready to help you. Contact us online to get started.