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Common Questions Concerning Family Law Matters

Navigating a legal issue that affects your family can be confusing and overwhelming. At Gauthier Family Law, we believe that knowledge is power, and we’ve also seen how it can be comforting. Before you meet with us, we’ve compiled answers to the questions about Illinois family law our clients ask us most frequently. We hope this information helps give you some direction in your family law issue.

What Is Considered Marital Property And Separate Property?

Generally, any property that each spouse had before marriage is separate property. Marital property is anything they accrued while married. However, there are exceptions to these rules. For example, a couple may have a prenuptial agreement that precludes certain assets from becoming marital property even if they’re accrued during marriage. It thus won’t be divided in a divorce. Gifts intended only for one spouse, inheritances and heirlooms from one side of the family are also considered separate property in Illinois. 

How Is Property Divided In A Divorce?

Marital property is subject to division upon divorce, but each spouse’s separate property remains solely their property. Illinois is an equitable division state, meaning marital property is divided according to each spouse’s needs and contributions to the marriage. What could result is an even, 50/50 split, a 60/40 split, or many other outcomes. It varies on a case-by-case basis.

What Types Of Custody Arrangements Are Available?

There are two types of child custody in Illinois: legal and physical. Legal custody gives a parent the power to make decisions about their child’s life, schooling, health care and more. Physical custody means a parent has their child living with them full-time or part-time. Generally, the courts prefer to create arrangements where both parents get legal and physical custody of their children when it is safe, healthy and feasible.

How Is Child Custody Determined?

Children’s best interests are of the utmost importance to judges in Illinois, and child custody arrangements are created to serve them. What a judge considers to be in the best interests of a child depends on their needs, each parent’s ability to meet those needs, the relationships the child has with each of their parents, and if there is any history of drug abuse or any other kind of abuse in the family. The child’s wishes are also taken into account when appropriate.

How Is Child Support Calculated?

In Illinois, child support payments are calculated depending on each parent’s income and the number of overnights their child spends with them per year. There is a tool to help you estimate child support on the Illinois Department of Healthcare and Family Services website.

Talk To An Illinois Family Law Attorney Today

If you have more questions regarding a family law issue like divorce, child custody or child support, our attorneys are here to help you find the answers you’re looking for. To arrange a free consultation with us, call 847-327-0898 or reach out online.