If you are like most people, your home is not only the most valuable asset you own, but it is also a source of deep emotional attachment. Deciding how to handle ownership of the marital home is often one of the hardest parts of the divorce process. There are many different ways to approach this issue.

If you are getting divorced, reach out to a skilled divorce lawyer for guidance. Your attorney can help you understand your rights, evaluate your property division options, and choose the course of action that is best for your unique situation.

Options For Ownership of the Family Home

A family home is typically considered a marital asset. This means that both spouses have a right to a share of the home's value. One option during divorce is to sell the home and divide the proceeds between you and your spouse. This can be a good choice if you do not want to continue living in the home after the divorce or if neither of you wants to buy out the other's share of the home. Some people choose to sell their home and use the proceeds to pay off joint debt. This ensures that both parties will start their new lives free from joint liabilities.

When a married individual realizes that his or her marriage is coming to an end, the prospect of divorce can be intimidating. Most people have little to no experience with courts or legal proceedings. It can be overwhelming, stressful, and confusing.

Divorce lawyers are specifically trained to deal with the complexities of a divorce. They are knowledgeable about the laws and regulations that govern the process and can help their clients navigate issues like property division, child support, child custody, and spousal maintenance. If you are unsure of whether you should hire a divorce lawyer or proceed with the divorce on your own, consider the following.

Divorce Lawyers Know How to Protect Your Rights

Divorce lawyers are well-versed in the laws and procedures of divorce. They understand what is necessary to protect your rights, such as filing documents properly and making sure deadlines are met. They can also advise on potential legal strategies that will help you obtain a just outcome for your divorce. Without a lawyer protecting your rights and best interests, it is much easier for your spouse to take advantage of you.

Divorce can be tricky, especially when there is a child involved. Both parents are required to support their child or children until they reach the age of eighteen. In Illinois, child support payments are determined by Income Share Models. This takes into account each of the parent's income and, in shared parenting situations, how much time each parent gets with the child or children. Child support usually ends once a child is an adult. However, if the child is mentally or physically disabled, this may extend a parent’s child support obligation. If their child is physically or mentally unable to take care of themselves, the parents may have to continue to care for their child into adulthood. It also means that for the parents to continue supporting their child, they may have to keep paying child support. An Illinois judge will be the ultimate decider on whether support payments will continue.

What Happens When Non-Minor Child Support is Necessary?

Legally disabled means an individual has a physical or mental impairment that limits major life activity. Several factors go into deciding whether parents must continue paying support payments into adulthood. 

• Did the child’s disability begin before they turned eighteen? 

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Few marital assets cause as much confusion during divorce as inheritances because spouses can often be in disagreement about what should happen with inherited assets. 

Title 750 Illinois Compiled Statute (ILCS) § 5/ is otherwise known as the Illinois Marriage and Dissolution of Marriage Act and is the governing state law in divorce cases. Certain sections of the Illinois Marriage and Dissolution of Marriage Act specifically address inheritance issues.

Inherited Assets During Divorce 

Under 750 ILCS § 503(a), all property acquired during a marriage is classified as marital property, except when the property is acquired:

Many parents who are seeking divorce may want to obtain sole custody of their children. Illinois no longer uses the term “child custody” but instead refers to the allocation of parental responsibilities and parenting time. However, the word custody is still used informally to refer to a parent’s decision-making authority. 

Courts in Illinois generally want to see children have relationships with both of their parents, so courts only grant sole custody or sole decision-making authority if there is a good reason. None of this is to say that parents cannot get sole custody in their cases, just that it can be challenging.

When you are dealing with a child custody issue, you are going to want to be sure to retain legal counsel for help determining the best path forward for you.