Located in Lockport Township near Joliet, Crest Hill is home to about 21,000 residents, although some of these include the population of Stateville Correctional Center. If you live in the Crest Hill area and are considering a divorce, you may not know where to start. The skilled Crest Hill divorce lawyers at Kollias & Giese, P.C., use an individualized approach and can help answer your questions with your particular situation in mind. Whether your divorce is amicable or contentious, we can help you. We are both skilled negotiators and zealous courtroom advocates.Dividing Property in a Divorce
While each divorce is different, they are all governed by the same principles of Illinois law. The census shows that 45% of Crest Hill residents are married couples, and unfortunately not all of these marriages will last.
One of the first questions that you may have is who gets the home. Since the median home value in Crest Hill is $162,211, the equity in a home may make up a large portion of a couple’s wealth. Illinois divorce law uses an “equitable distribution” approach. This divides assets between the parties in a way that the court considers fair. Keep in mind that it is not always equal. When it comes to the home, the court will take into account many factors, especially if there are children in the marriage. If there are kids involved, the court will try to award the home to the person who will be living with the children. Courts do this to try to minimize disruptions for the children and to keep them from needing to change schools. If there are no children, the court will look at who is in the best position to keep the house. Typically, the court will offset the value of the equity in the home with other assets. In some cases, the home may need to be sold. A divorce attorney in Crest Hill can advise you on what a court is likely to decide in your situation.
Aside from the home, the couple will also need to divide their other assets and debts. If this issue goes to court, it will look at equitable distribution factors, such as who contributed to the assets, whether one of the spouses has wasted assets, the future earning ability of the parties, and any other circumstance that the court considers relevant. One of the things that the court will not consider is marital fault. The reasons why the marriage ended are irrelevant to the court when it comes to dividing assets. In fact, Illinois no longer has any grounds for divorce besides irreconcilable differences.Child Support
In most situations in which there are children in the marriage, one of the parties will be ordered to pay child support to the other party. About 20% of Crest Hill residents are under 18, so this will be an issue for many divorcing couples. A Crest Hill divorce attorney can help them understand their options. If the children live most of the time with one of the parents, the other parent will be paying them support. Illinois uses a standardized approach to calculate the presumptive amount of child support to be paid. This is based on the income of each spouse and the number of children in the marriage. While the presumptive amount is statutory (encoded in the law and determined in a standard way), the court will take into account other factors that may modify the child support upward or downward. For example, a child with special needs may require more support than the presumptive amount. Since child support is based in part on the payor’s income, the amount of child support may change if their income changes.Set Up Your Free Consultation With an Experienced Divorce Attorney Today
While divorce is always stressful, the attorney whom you choose to represent you can help make it as smooth as possible. Kollias & Giese, P.C., takes pride in our client-centered approach. We are knowledgeable in the law and prioritize the desires of our clients. Call us at (630) 407-1200 or contact us online to set up a free consultation with a divorce lawyer in the Crest Hill area. Evening and weekend appointments are available.