Four Common Divorce Questions Answered

IL divorce lawyerDeciding to get divorced is a big decision and one that you have undoubtedly spent countless sleepless nights agonizing over. Now that you have made up your mind that divorce is in your best interest, the prospect of having to go through the divorce process can suddenly seem extra daunting. Divorce is stressful, it takes half a year or more in many cases, and it puts extra strain on your children, your other loved ones, your career, and your finances. Below are four frequently asked questions about divorce that our clients commonly have.

Who Gets the Children?

In many divorces, the spouses are able to reach an agreement about child custody and the parenting plan with assistance from their attorneys. However, when agreement and compromise fail, a court will make the child custody decision for you. Judges always favor the custody arrangement that they believe will be in the child’s best interest. Long gone are the days when mothers were always given sole custody, in Illinois and across the country, fathers are fighting and lobbying to make joint custody the norm.

Are Marital Assets Divided Down the Middle?

Illinois is an equitable division state, which means that marital property is divided “fairly,” though not necessarily an even 50/50. In a contested divorce, courts look at the following information to help them decide which spouse gets what:

  • Contributions each spouse made during the divorce
  • Assets of each spouse
  • Age and health of each spouse
  • Earning ability of each spouse
  • Needs of each spouse
  • Much more

Will My Spouse’s Debt Continue to be Mine?

Money issues are a cause of 21 percent of divorces. Any debt that your spouse takes on during divorce will become your debt as well if you are a co-signer on that line of credit. If you have shared credit cards, home mortgage, or auto loan, you will continue to be responsible for that debt after divorce, even if your spouse was the one with the spending problem. During division of assets and spousal support, debt can be taken into account as well.

Am I Eligible for Spousal Support?

Spousal support, spousal maintenance, and alimony are all the same thing—financial support for the lower-earning spouse paid by the higher-earning spouse. Courts assess the following information to determine whether support is necessary and how much support is needed:

  • Length of marriage
  • The ability of the lower-earning spouse to take care of themselves financially
  • Age and health of each spouse
  • Economic and noneconomic contributions made by each spouse to the marriage
  • Assets of each spouse
  • Much more

Contact a Hinsdale Divorce Attorney

No one should go through a divorce alone. Our Hinsdale lawyers are here to make sure that you have the professional legal guidance to get through this trying time. To schedule a free consultation with an experienced DuPage County divorce lawyer, do not hesitate to contact the Law Office of Martoccio & Martoccio. Call us today at 630-920-8855.



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