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Common Questions About the Divorce Process
If you are going through a divorce, the future may seem uncertain, especially in regard to your finances, your living situation, and your family life. When it comes time to make important decisions, it can be all too easy to end up paralyzed by indecision. To navigate these hard choices with confidence, consider working with a Kane County, IL divorce lawyer.
At Shaw Sanders, P.C., we have handled numerous divorces, all ranging in complexity and levels of conflict. With over 30 years of experience in family law, Attorney Matt Shaw can address common questions in your divorce and provide hands-on legal assistance for the more specific issues of your case.
What Will I Lose in the Divorce?
Property division is often a source of conflict in a divorce, with some spouses agonizing over how much they stand to lose. There is no clear answer as to how much your divorce will cost you during asset division, but there are guidelines that clarify how these decisions are made.
When property division is left up to a judge, the assets will be divided according to a principle known as equitable distribution (750 ILCS 5/503). Note that this does not mean that your marital estate will be split 50/50 between you and your spouse. Rather, the courts will prioritize a fair distribution considering a variety of factors, such as economic circumstances or contributions to the marriage. You and your spouse could also choose to divide your property outside of court, saving litigation costs and potentially affording you greater control over the outcome.
Who Gets Custody of the Children in the Divorce?
If you and your spouse share children together, you may be concerned about how parenting time and decision-making responsibilities will be divided. Answering this question requires a close look at your family’s circumstances and especially your child’s needs.
In matters of custody, the courts refer to a legal standard called the child’s best interests, which takes into account the child’s physical and mental health, the parents’ ability to work together, and other considerations about upbringing. This standard encourages parents to put the child’s needs over their own.
In most cases, it is possible for parents to share joint custody after a divorce. The court presumes a child needs to spend time with both parents, and will not infringe on your right to parenting time unless it would jeopardize the child’s well-being.
How Long Will My Divorce Take?
The length of your divorce may depend on the level of conflict between you and your spouse in issues of property division, spousal support, and child custody. While there is no mandatory waiting period to file for divorce in Illinois, either you or your spouse must have resided in the state for at least 90 days. Furthermore, if your spouse does not agree to the divorce, you may have to live separately and apart for at least six months before you can move forward with the legal proceedings.
Contact a St. Charles, IL Family Law Attorney
There is no denying that divorce can be intimidating. At Shaw Sanders, P.C., we can give you a clear idea of what to expect and inform you of your options to move forward throughout your case. To schedule a free initial consultation with our Kane County, IL divorce lawyers, call our offices at 630-584-5550 today.
630-584-5550