Divorce Lawyers Hoffman Estates
In the 1970s, Hoffman Estates transformed from a sleepy little village into one of the most important Chicago suburbs. Today, it is the home of several large corporations and professional sports teams. The 1970s were also a transformative time for American divorce law. The first no-fault divorce law, and the first joint custody law, both appeared at this time.
Today, the Hoffman Estates divorce lawyers at the Law Offices of Martin A. Delaney III, Ltd. are well-positioned to deal with all the emotional, legal, and financial issues that a marriage dissolution often entails. We still believe that hard work usually produces good results, and that is how we approach each case. Working with you, we craft long-term solutions that are cost-effective and uphold your legal and financial rights.
Financial Issues in a Marriage Dissolution
Under Illinois law, the marital estate, which includes both assets and debts, must be divided equitably. In Kane County, “equitable” is not necessarily the same thing as equal. So, property division disputes can be complex.
Prenuptial agreements help avoid some of this complexity. These agreements make certain designations in advance, such as property classification. As a bonus, since these agreements address key financial matters, they often make marriages stronger. Money is one of the leading sources of marital discord.
Most judges uphold premarital agreements as long as they are not blatantly one-sided, and each spouse had an independent Hoffman Estates divorce lawyer upon signing. However, no agreement is unbreakable, so it is possible to overturn unfair provisions in some cases.
With or without a prenuptial agreement, the basic financial issues in a Chicago divorce are:
- Spousal Support: Illinois law recently changed significantly on this point. Until 2017, judges had almost unlimited discretion when setting the amount and duration of payments. Now, a mathematical formula that considers the income differential between the parties and length of the marriage decides most of these issues.
- Asset and Debt Division: Commingling is one of the biggest problems in these situations. For example, Husband might use money from his paycheck (marital property) to make student loan payments (nonmarital debt).
- Child Support: Much like alimony, a mathematical formula, which accounts for the income of both parents and some other factors, usually determines the amount of payments. Judges have some discretion to order non-guideline amounts, in some cases.
Child support does not always terminate when the child turns 18. In some situations, a judge may order a non-residential parent to pay a share of college costs.
Hoffman Estates Divorce Lawyers and Parenting Time Divisions
Child custody orders must be in the best interests of the children. In many cases, the traditional every-other-weekend and every-other-holiday division works rather well. But in other cases, Hoffman Estates divorce lawyers often propose other solutions, such as:
- Empty Nest: The parents shuttle between different dwellings and the children stay in the same place, which is usually the family home. This arrangement is very stable for the children, but it is not always workable in all families.
- Block Scheduling: In this predictable rotation, the children spend a week or two with Parent A, a week or two with Parent B, and then the cycle repeats. Aside from occasional alterations for major holidays, the schedule says the same 12 months a year.
- Extended Weekend: Instead of Friday night through Sunday night, weekends last from Thursday night to Monday night. That one adjustment more equally distributes parenting time in traditional plans.
Typically, the traditional arrangement results in about a 70/30 parenting time division. These nontraditional arrangements, including the extended weekend, are much closer to 50/50.
Rely on an Experienced Attorney
Almost all divorces involve complex legal and financial issues. For a free consultation with an experienced Hoffman Estates divorce lawyer, contact the Law Offices of Martin A. Delaney III, Ltd. We routinely handle matters in Cook County and nearby jurisdictions.