Illinois courts use an equitable division of property statute when ordering a divorce settlement in cases where couples could not agree. This might be risky because equitable does not mean an even split. It means the courts will attempt to decide what is fair, which could leave one or both spouses without the marital property he or she wanted most. Negotiating out of court seems a more attractive option, but this could also leave room for mistakes that could cost individuals in the long run.
Spouses in Illinois may benefit from learning more about the different types of divorce and how to initiate proceedings. A divorce is either classified as no-fault or fault, although the process to complete each is one in the same. In addition, a divorce will either be contested or uncontested. The quickest, easiest and least expensive divorce to complete is typically an uncontested no-fault divorce. In Illinois, irreconcilable differences is the term used to describe a no-fault divorce.
When parents divorce in St. Clair and across the nation, multiple options exist for child custody. For legal matters, such as decisions about school and medical care, the parents have two options: sole custody or joint custody. This simply determines who makes these types of decisions for the child and has nothing to do with where the child will live. In most cases, the child will live with one of the parents and receive child support from the other parent.
Child support laws in Illinois establish a child's legal right to be supported by both parents. This support can either be direct through physical care or indirect through monetary payments to the person providing care. Most child support issues arise when one parent is providing the majority of direct care and the other parent is refusing to provide monetary assistance for their share of the care. The obligation to provide child support only ends when the child turns 18 or is considered emancipated through marriage, joining the military or declaring their own independence.