Over 40,000 people live in the village of Bartlett, including many households with minor children. In fact, over 30 percent of the population is under 18. Nearly three-quarters of the households there include married couples, and the average family size is about 3.4 people. While Bartlett is a beautiful and prosperous community, the statistical reality is that not everyone lives “happily ever after” as they had planned. As many as 40-50% of marriages in the U.S. will fail, many in the first few years of the marriage. Divorce restores the parties’ status to “single,” divides property and debts, and makes arrangements for sharing responsibilities and parenting time for any minor children. The Bartlett divorce lawyers at Kollias & Giese, P.C. have helped many people going through a divorce in Cook, DuPage, or Kane Counties.
Although there was once a time in which the issue of who was at fault in the breakdown of a marriage was a hotly contested matter, this is no longer the case in most divorce proceedings. Since Illinois allows the spouses the option of seeking a no-fault divorce based on irreconcilable differences, the process of dissolving the marital union between the spouses can be relatively easy. Unfortunately, deciding issues like the allocation of marital assets and liabilities, whether maintenance or child support is appropriate, and which parent will be responsible for making decisions concerning a child’s education and extracurricular activities can be much more difficult. However, consulting a divorce attorney can help Bartlett residents make sure that their interests are protected.Arranging a Fair Distribution of Property and Debts in a Divorce
Unlike “community property” states, in which marital property is divided 50/50 between the spouses, Illinois follows the rule of equitable distribution. “Equitable” does not necessarily mean “equal.” Instead, the divorce court needs to make a fair distribution of the marital property. This is usually property acquired after the parties’ marriage, with some exceptions like gifts and inheritances. In so doing, the court will consider the spouses’ relative contributions to the purchase of a certain asset, the parties’ economic circumstances at the time of the divorce, the duration of the marriage, any possible tax consequences, and other issues. In determining a fair allocation of debts, the court may consider, among other things, which party was responsible for a certain debt and the parties’ relative income and expenses. If you have substantial debts that need to be divided, you should consult a Bartlett divorce attorney to learn more about your options.
When children are involved, the court may also consider their needs in deciding which spouse will receive certain assets from the marriage, as well as who will be responsible for which debts. The court will also determine the parenting time that each spouse will receive with their minor children, the parental responsibilities of each spouse, and the amount of child support that is due based on the law of Illinois. Issues concerning children may need to be revisited from time to time, especially if there is a change in circumstances, such as a substantial increase or decrease in a former spouse’s household income. The court may also be asked to grant permission to a parent to move a minor child out of the state or the country.Schedule a Free Consultation With a Divorce Lawyer in Bartlett
If you are considering filing for divorce, or if you have been served with papers filed by your spouse, you should talk to a lawyer as soon as possible. Understanding your legal rights and knowing the likely outcomes of issues such as property distribution and parenting time can ease the stress that inevitably comes during the difficult process of ending a marriage. At Kollias & Giese, P.C., we work hard to achieve a fair outcome for our clients as they mediate or litigate the many issues that can arise in these types of cases. Call us at 630-407-1200 or contact us online to schedule a consultation to discuss your case with a member of our team.