Divorce Lawyer in Schaumburg
Overall, the divorce rate has leveled off since the 1990s, but it is still about twice as high as it was a generation ago. Moreover, among certain demographic groups, such as people over 50, the divorce rate has increased significantly in recent decades. Divorce, especially after a long marriage, often involves complex child custody and financial matters.
At the Law Office of Martin Delaney, divorce and family law is what we do. Our professional team is dedicated to the legal needs of Cook County families. We are familiar with both the financial and emotional issues in a divorce. Whether your divorce is a simple uncontested marriage dissolution, an extremely complex divorce, or somewhere in between, no case is too big or too small. We are always here for you, not only as legal advocates, but also as trusted advisors.
Schaumburg Divorce Lawyers and Emotional Issues
Marriage dissolution usually means both an ending and a new beginning, especially if minor children are involved. Divorce does not change the fact that you are a family. So, both former spouses must be effective co-parents.
Co-parenting does not mean that the former spouses must be friends. It does mean shared responsibility and mutual respect. To help encourage this relationship, Cook County judges look to a number of child custody factors, including:
- Regular needs of each child,
- Child’s preference, if any,
- Special needs of each child,
- Parental preferences and agreements,
- Parental fitness, and
- Prior parenting roles as caretaker and/or breadwinner spouse.
Many times, these factors only indirectly resolve child custody disputes. Typically, the parties reach an out-of-court settlement, often through divorce mediation. This non-trial alternative decreases legal fees, increases the amount of civility in the post-divorce family, and gives the litigants more control over the outcome.
Financial Issues in a Cook County Divorce
Marriage dissolution almost always involves significant financial issues in terms of property division and FSOs (Family Support Obligations).
A Schaumburg divorce lawyer must classify and divide marital property. Separating marital from non-marital property is usually not as easy as it sounds. Typically, these two types of property are commingled. For example, Wife might use a wedding gift from her parents (her non-marital property) to fund improvements on a rental house that Husband owned before the marriage (his non-marital property). Depending on the facts, upon divorce, the house could belong to either one of them, or both of them.
FSOs usually mean spousal and child support. Illinois law recently changed on this point. Now, objective formulas determine both of these obligations, in most cases.
Illinois is an income share child support state. So, child support obligations are based on a complex formula which takes into account both parents’ incomes, the parenting time division, and some other factors.
A similar formula, which accounts for both parties’ incomes and the length of the marriage, determines spousal support amount and duration. Judges may deviate from the formula if the facts of the case dictate that response.
Connect with a Tenacious Lawyer
Even an uncontested divorce involves intricate emotional and financial issues. For a free consultation with an experienced family law attorney in Schaumburg, contact the Law Offices of Martin A. Delaney III, Ltd. We routinely handle matters in Cook County and nearby jurisdictions.