Batavia Divorce Attorneys

Batavia, IL child custody and property division lawyers

Dedicated Divorce Lawyers Serving Clients in Batavia, IL

The breakdown of a marriage and a subsequent divorce can be one of the most difficult and emotionally challenging experiences anyone can face. The process of ending a marriage can become even more complex when children are involved or when a couple owns significant assets and needs to address complicated financial concerns. If you are considering divorce in Batavia, you will want to make sure you have knowledgeable legal representation. At McSwain Nagle Giese & Rapp, P.C., we are here to provide the legal help you need throughout the divorce process, and we will work closely with you to make sure you can dissolve your marriage successfully.

Child Custody and Child Support

In divorces involving children, issues related to parenting time and decision making (formally known as "child custody") will often be among the most significant concerns for parents. The well-being and best interests of children should always remain at the forefront when making these decisions. While parents may be able to work together to reach agreements regarding decision-making and parenting responsibilities, this is not always possible. In a contested divorce, litigation may be necessary to determine how decision-making responsibilities and parenting time will be allocated.

If parents cannot reach an agreement on their own in an uncontested divorce, a family court judge may make the final decisions about parenting time and decision-making. In Illinois family law cases, decisions involving the child will be based on what a judge believes will be in the child's best interests. Factors such as each parent's involvement in their child's life, the stability of a child's home environment, the parents' ability to cooperate as they raise their child, the desires of the parents and child, and safety issues that may affect the child may be considered.

In most cases, parents will share joint decision-making of their children, but sole decision-making may be appropriate in some situations. Even if one parent has sole decision-making responsibility, the other parent will typically have the right to see and spend time with the child on a regular, ongoing basis. A parent's time with their child is only restricted if maintaining a relationship with that parent would put the child at risk of physical or emotional harm.

Child support is another critical aspect of divorce when children are involved. In Illinois, child support obligations are determined using specific guidelines that consider both parents' incomes. In some cases, the amount of overnight parenting time each parent will have with a child may also factor into these calculations. In addition to child support, parents will also typically be required to divide child-related expenses, such as educational costs, medical expenses, childcare, and extracurricular activities.

Financial Issues Related to Assets, Debts, and Support

Divorcing spouses will need to address a variety of concerns related to their shared finances, including the assets they own and the debts they owe. Illinois law requires an equitable distribution of property in divorce cases. This means that marital property should be divided in a manner that is fair, but assets do not necessarily need to be split equally between spouses. Marital assets include any property acquired during the marriage, such as homes, cars, investments, family businesses, retirement accounts, and personal belongings. Some assets obtained during the marriage can be considered non-marital, such as gifts or bequests. Debt accumulated during the marriage may also be considered during the property division process.

In some divorce cases where there is a significant disparity in income and earning capacity between spouses, spousal maintenance may be awarded. This form of support, which is also known as alimony or spousal support, may be needed in situations where one spouse has been responsible for paying the majority of a family's expenses or where a spouse has been out of work for an extended period in order to focus on family responsibilities. The purpose of spousal maintenance is to provide assistance to a lower-earning spouse so that they can maintain the standard of living they enjoyed throughout their marriage.

A judge may consider multiple factors when deciding whether to award spousal support, including the length of the marriage, the couple's standard of living, each spouse's income-earning capacity, and contributions a spouse made to their former partner's education or career. If alimony is awarded, statutory formulas will be used to calculate the amount that will be paid and the number of years that payments will be made.

Contact Our Experienced Batavia Divorce Attorneys

If you are planning to get a divorce in Batavia, it is vital to have the guidance and support of an experienced family law attorney. At McSwain Nagle Giese & Rapp, P.C., we can protect your rights and make sure your interests will be represented throughout the divorce process. Our team will take the time to understand your unique circumstances, and we will work closely with you to navigate legal proceedings, negotiate fair agreements, or provide representation during litigation. For compassionate, diligent representation during this challenging time, please contact us at 630-407-1200 and schedule a free consultation.

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