Naperville Divorce / Separation Lawyer
Clients are always asking what their rights are in a divorce. This Legal Guide discusses some of the basic rights
Division of property
If the parties agree on the splitting the property and debts, the court usually will order that agreement. The property and debts of the marriage are divided by the Court if the parties cannot agree. There are several legal issues that must be addressed, but after practicing for 21 years, there are practical pointers. If the marriage is short and the money has not been commingled, the Court can give the assets back to the original purchasers. The longer the marriage was, the more likely the Court will divide the assets and debts 50/50. If there are children involved, then there is a slight chance that the custodial parent will get a little more. Especially if the child(ren) are young, and the parent taking care of the minor children cannot work. The Court will consider the earning potential of the parties when there are children. A short marriage is much easier to divide the assets and debts based on who produced the income. However, inheritance, gifts and assets brought into the marriage, are the property of the person that received it. There are several exceptions.
Custody/visitation
This depends upon the best interest of the child. The first thing to look at is who is taking care of the child now. Also, why is this person taking care of the child. This person will be in a better position. I have represented clients that were not taking care of the child, yet I managed to get them custody of their child. If there is something wrong with that person, such as they use drugs, etc. then the other person may be in a better position. Also, if the child is old enough to express their interest, then that may carry some weight. Usually, it does not until the child is at least 14. There are a lot of facts and issues concerning custody that cannot be expressed in this short guide. For more information, contact me.
For determining visitation, you should consider how much time you think is appropriate for you and the other parent. This is not an easy decision, and one that you should put a lot of thought into it. Some of the judges that I know have found that allowing both parents to have equal time with their child is best for the child.