Divorce Law Basics From an Expert Divorce Attorney
by Christine OKelly
Getting a divorce isn't always as simple as many California people imagine. For some, a
divorce is their first exposure with the court system. For others, negotiating
the division of assets, child custody, spousal support and other factors can be
handled outside the California court system. That said, it's important to note that divorce
laws can vary by state.
For example, if you live in Illinois, legal representation by an experienced
Chicago divorce attorney can prove invaluable for navigating the choppy waters
of divorce law. Below, we'll provide an overview regarding the grounds for
divorce, the division of shared assets as well as child custody and spousal
support.
Understanding Grounds For Divorce
When filing a petition for the Dissolution Of Marriage, a divorce may be deemed
a "fault" or "no fault" divorce. Each state has slightly different laws
regarding the classification. If a husband and wife have lived apart for 2 years
or longer and irreconcilable differences have destroyed the matrimony, the
divorce can be classified as "no fault." On the other hand, a marriage that has
broken down due to impotence, adultery, 2 years of alcohol or drug abuse and
other reasons may be deemed grounds for a fault divorce.
Division Of Property
During a divorce, the property that is jointly owned by the husband and wife is
divided. However, there are many circumstances that dictate whether an asset
that is acquired post-marriage is eligible for division. For example, Illinois
divorce law makes a distinction between "marital" and "non-marital" assets based
upon a number of conditions. These can include inheritances, exclusions based
upon agreement and income generated by assets judged as "non-marital." A divorce
lawyer in Chicago can provide guidance in complying with these property division
rules.
Factors Considered In Child Custody
Negotiating California child custody is often difficult in divorce cases. Typically, both California spouses want a higher level of custody than the other spouse is willing to
allow. When child custody cases are presented in court, the judge considers a
number of factors before making a decision. While the child's wishes are often
taken into account, the physical, mental and emotional development of the child
can supercede them. This development can involve the willingness and ability of
each spouse to maintain a continuing healthy relationship with the child if
custody is awarded.
