Divorce Attorney in Arlington Heights
As late as the 1950s, the village of Arlington Heights was just a tiny Chicago suburb. Then, the advent of automobiles, the post-World War II baby boom, and some other factors caused the village to grow exponentially. Back in the 1950s, marriage dissolution was almost unheard of. But in 2017, divorce hit an all-time high in terms of moral acceptability. In other words, more people than ever before see marriage dissolution as a legitimate way to end a relationship. These endings almost always come with a significant financial and emotional price tag, however.
At the Law Offices of Martin Delaney, we help control these costs. Our Arlington Heights divorce attorneys believe in working hard when the case begins because early hard work usually makes subsequent events easier to manage. Through it all, we stand up for your legal and financial rights. Moreover, we proactively communicate with you as the divorce moves through the system, so you are never in the dark.
Property Division in Illinois
In many cases, marital property division is either the easiest or the most difficult portion of a marriage dissolution case.
After a brief marriage, most couples have few joint assets or joint debts. So, property division is usually a straightforward matter.
That is definitely not the case following a long marriage. Over the years, property becomes commingled.
For example, assume the husband owned a rented house before the marriage. Then, the wife used a wedding gift from her parents to fund property improvements. Depending on the additional facts, that rental house could be the husband’s nonmarital property, wife’s nonmarital property, or marital property. The same thing applies to rental income. That money could belong to the husband alone, wife alone, or both of them in some proportion.
These issues are even more complex if the marital assets included a family business. Classifying, valuing, and dividing property is often quite time-consuming for Arlington Heights divorce attorneys.
Furthermore, as hinted above, the divorce rate is not down across the board. The over-50 divorce rate has skyrocketed since the 1990s. A so-called “grey divorce” often has special issues, such as:
- Home Equity: Many couples in their 50s and 60s have substantial equity in their homes. Arlington Heights divorce attorneys can fairly divide the equity without selling the home.
- Retirement Account: Typically, these accounts have rather high balances, and they may have already been divided once. Once again, Arlington Heights divorce attorneys offer creative solutions in this area.
- Child Custody: Older couples usually do not have minor children at home, but they do have adult children. Often, these children “blame” one of their parents for the divorce. In these cases, grandparents may have a right of access to their grandchildren.
All property divisions must result in a just and right division of the estate. That estate includes both marital assets and marital debts.
Child Custody Issues in a Cook County Divorce
Illinois family law recently changed substantially in this area. The old “custodial” and “noncustodial” arrangement is largely gone. Now, the law encourages co-parenting and a more even division of parenting time. The court looks at a number of factors to determine this division. Perhaps more importantly, most judges approve most timesharing agreements which Arlington Heights divorce attorneys prepare.
If circumstances change later, such as relocation to a new address, either party may modify the custody provisions as appropriate. Child support obligations may be modified as well, if financial circumstances change.
Reach Out to an Assertive Lawyer
Marriage dissolution will touch most households in Chicagoland at one time or another. For a free consultation with an experienced family law attorney in Hoffman Estates, contact the Law Offices of Martin A. Delaney III, Ltd. After-hours visits are available.