Are you thinking about filing for divorce in Des Plaines? Do you have questions about how Illinois law handles child custody cases? Do you have concerns about the “income shares” model for child custody? Family law cases are never easy for the parties involved, and they often bring about many different emotions. An experienced Des Plaines family lawyer at Arami Law can speak with you today about your case.
The dedicated attorneys at Arami Law handle a wide variety of family law cases in Des Plaines, including but not limited to the following:
Legal matters involving the family are broad and complex, but an experienced Des Plaines family law attorney can assist with your case.
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs divorce, parental responsibilities, and many other issues involving family law in Des Plaines. While Illinois used to be a fault state for divorce, the laws have changed and Illinois is now a “no fault” state. This means that the party filing for dissolution of marriage is only required to state that “irreconcilable differences have caused the irretrievable breakdown of the marriage,” and that any attempts at reconciliation have failed and any future attempts at reconciliation are not practical for the family.
Once the couple has been living separate and apart for six months or longer, there is a presumption that the requirement for showing irreconcilable differences was met.
Are there children from your marriage? If you file for divorce in Des Plaines, rather than the court deciding which parent has child custody or whether the parents share custody, the court allocates parental responsibilities. Parental responsibilities include both important decision-making for the child (previously known as legal custody) and caretaking functions for the child (previously known as physical custody). Generally speaking, the court presumes that both parents should share in “parenting time.”
If parents can agree to parental responsibilities and parenting time, Illinois law allows them to develop a “parenting plan” to which the court ultimately agrees. That parenting plan then carries the same legal force as an allocation judgment, which the court issues when parents cannot reach an agreement about parental responsibilities.
Divorce often involves numerous financial issues, including complex property division and the distribution of marital assets and debts, spousal maintenance, and child support. When you get divorced in Illinois, the court divides marital property according to a theory of equitable distribution.
Courts determine whether spousal maintenance is appropriate on a case-by-case basis, and for most families the court uses guidelines to determine the amount and duration of maintenance. Child support is now calculated according to an “income shares” model that involves both parents contributing to the support obligation. A Des Plaines child support lawyer can say more about how this works.
Whether you are considering divorce or need to change an allocation judgment concerning parental responsibilities, a dedicated family law attorney in Des Plaines can assist you. Contact Arami Law for more information.
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