What Do My Ex and I Need to Figure Out in a Divorce? 

 Posted on July 08, 2024 in Divorce

For couples considering divorce, the future can seem very uncertain. You might already know you definitely want to end your marriage, but what do you do next? Who makes the first move? What kinds of issues need to be resolved? Can you do it on your own and save some money, or do you need an attorney in your corner, fighting for your rights? 

These are all tough questions, and the answers are different for every couple. But knowing what kinds of issues you will need to resolve in a divorce is a great place to start. Here, we will look at the most common aspects of divorce that couples negotiate and include in their divorce agreement. For specific guidance with your case, talk to an Illinois divorce attorney. Even if you are confident you and your spouse can negotiate a fair divorce settlement on your own, having an attorney advise you and review your proposed agreement is always a good idea – especially if minor children are involved.

Child Custody

If you have underage children, you will need to create an agreement with your spouse about how to manage which of you will make major decisions and when the children will be in each of your homes. Many couples share decision-making responsibilities and parenting time equally; others live too far apart or have a harder time getting along and find that another arrangement works better. Whatever you choose, just know that a judge will have to agree that your proposed arrangement is in the best interests of the children.

Child Support

Along with making living arrangements for your children, you will need to figure out how to financially support them together. Illinois requires both parents to contribute financially to their children’s upbringing, and so uses a formula called the Income Shares model to figure out child support payments. This formula combines both parents’ incomes, determines which percentage of the total income each parent makes, and then looks at how much time the children will be with a parent to determine which parent will pay child support and how much payments will be.

Alimony

Alimony, known in Illinois as spousal support, is not always awarded to one spouse in a divorce. Although couples can always make an agreement on their own, spousal support is most often ordered by a court in cases where one spouse would have a hard time sustaining the same standard of living he or she enjoyed during the marriage immediately following the divorce.

Property Division

Many divorcing couples do not need to deal with spousal support. Some divorcing couples do not need to deal with child custody. But most divorcing couples do need to figure out what to do with property they have acquired during their marriage. This can be a surprisingly tricky decision, even for couples who do not have much. Do you divide things equally? Do you split assets according to how much each spouse made over the course of the marriage? Only you and your spouse can answer these questions, but dividing your assets and debts will need to be resolved before your divorce can be finalized.

Call a Cook County, IL Divorce Lawyer Today

If you are considering divorce and hoping to make the process peaceful and straightforward, you may be thinking about doing it yourself. However, even if you have a good relationship with your future ex, having a DuPage County, IL divorce attorney on your side is helpful. An attorney does not mean you have to fight with your ex. Instead, your attorney can help you avoid mistakes, come up with clear agreements, and make sure your divorce is legal and likely to be approved by a judge. Call Anderson Attorneys, P.C. at 847-850-8899 today to let us help you get started.