Schaumburg Divorce Lawyers
In 1971, the sprawling Woodfield Mall changed the face of Schaumburg. This mall is still the 11th-largest one in America. At about the same time, California’s no-fault divorce law changed the face of marriage dissolution. The divorce rate skyrocketed, and although it has fallen recently, this rate is still twice as high as it was a generation ago. The face of Illinois family law changed again in 2013, with the passage of the so-called Modern Family law.
At the Law Offices of Martin Delaney, our Schaumburg divorce attorneys do more than stay abreast of all these changes. We’re often on the cutting edge of change, especially when it affects your family. Our experience allows us to be forceful advocates for you both in court and during settlement negotiations.
Parenting Time Issues in Cook County
The average first-time divorcee is 30 years old. So, most Schaumburg marriage dissolutions involve young children. The aforementioned Modern Family law brought the concept of co-parenting to Illinois family law. Presumptively under the new law, children benefit from meaningful and consistent contact with both parents.
The standard every-other-weekend division creates about a 70-30 timeshare distribution. That split works well in some cases. However, other families might need a more even timeshare split to conform with the new law. Some possibilities include:
- Extended Weekend: Over time, small changes make a big difference. Beginning weekends on Thursday night and/or ending them on Monday night creates a much more even division.
- Block Scheduling: This parenting time split basically ignores the calendar. The children spend time with Parent A, a week or two with Parent B, and the cycle repeats. This schedule remains the same 12 months a year, except for some accommodations on major holidays.
- Empty Nest: Arguably the most child-friendly parenting time split has the parents switch residences while the children always remain in the same place. This arrangement is good for the children, but it obviously only works in limited situations.
Whatever parenting time division the final orders include must be in the best interests of the children. The current arrangement may be the most important factor.
Most Cook County family law judges prize consistency above everything else. So, if the current situation is working, even if it is not perfect, it may remain in place. Therefore, early, assertive representation from the Schaumburg divorce lawyers at the Law Offices of Martin Delaney is often critical to a successful outcome.
Property Division Matters in Illinois
If the parties have a premarital agreement, the property division phase may be the simplest part of a divorce. Premarital agreements often include spousal support limits and property division language.
In other situations, property division may be the most time-consuming part of a divorce. That is especially true if the marriage lasted more than a few years. Over time, the property becomes commingled. For example, Husband might use money from his paycheck (marital asset) to pay off his student loans (nonmarital debt). The resulting knot is not easy to untangle.
There are a number of factors to consider here as well. Overall, the marriage dissolution must not be an unfair financial burden on either party.
Work with a Dedicated Lawyer
A divorce must resolve both child custody and property division matters. For a free consultation with an experienced Schaumburg divorce lawyer, contact the Law Offices of Martin A. Delaney III, Ltd. The sooner you call, the sooner we start working for you.