Hoffman Estates Divorce Law Firm
Directly or indirectly, divorce touches almost every household in Hoffman Estates. The divorce rate is quite high, especially for subsequent marriages. Additionally, divorce’s moral acceptability rating recently hit an all-time high. So, people who would have never considered marriage dissolution before now see it as a viable alternative.
If your marriage is ending, the compassionate Hoffman Estates divorce law firm of Martin Delaney can help. We work with you to develop a case strategy. Then, we aggressively carry out that strategy, proactively communicating with you throughout the process. This simple and straightforward approach typically yields a long-lasting and cost-effective solution that benefits you and your family.
Emotional Issues in Marriage Dissolution Matters
Marriage is usually an emotional time, and divorce is usually an emotional time, as well. During both these life changes, it is common for people to experience mixed emotions, even if they are sure they are doing the right thing.
During a divorce, these emotional issues often become legal issues, as well, mostly with regard to parenting time and child custody. To determine the best interests of the children, Hoffman Estates divorce law firms rely on a number of factors, such as the needs of each child and the fitness of each parent.
Illinois law includes a presumption that children benefit from frequent, consistent, and meaningful contact with both parents. This presumption does not always hold true, especially if there is a history of domestic violence. In situations like these, limited contact might be best, at least until a parent completes an anger management class or a similar requirement.
To help maintain civility, many divorce orders also include permanent behavioral injunctions. These injunctions reduce not only physical violence, but also emotional violence, such as parental alienation syndrome. Over time, such emotional violence often does more damage than physical violence.
Divorce and Financial Issues
Unless the parties were only married a short time, there is usually property to divide. Illinois is an equitable division state. Marital property must be split so that the divorce is not an unfair financial burden for either party.
That directive seems rather straightforward, but when Hoffman Estates divorce law firms look to the details, things often get complicated.
Simply put, classifying property is a difficult task. Over time, property gets commingled. For example, the Wife might use money from her paycheck (marital asset) to pay her student loans (nonmarital debt). In the property settlement, the Husband might be entitled to partial reimbursement.
Next, marital property must be divided equitably according to a number of factors, such as the length of the marriage, noneconomic contributions to the relationship, the custody of minor children, and the relative earning potential of each spouse. There is basically a presumption that a 50-50 split is equitable. To overcome this presumption, Hoffman Estates divorce law firms must present substantial evidence of inequity.
Illinois’ alimony laws recently changed. These determinations once involved a similar, subjective process. But today, spousal support determinations are more like child support determinations.
Contact a Dedicated Lawyer
Marriage dissolutions generally involve both emotional and financial issues. For a free consultation with an experienced Hoffman Estates divorce law firm, contact the Law Offices of Martin A. Delaney III, Ltd. After-hours visits are available.