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What Should Be Included in an Illinois Divorce Agreement?

 Posted on February 10,2023 in Illinois Divorce

Kane County Family Law AttorneyYou and your spouse have made the decision to end your marriage. Each of you is going through the process of hiring attorneys and adjusting to this new way of life. There is a myriad of decisions you will have to make throughout this process, including parenting time, where you will live, how your marital finances will be addressed, and more. Understanding the key points that should be decided in your divorce agreement is important in making sure you end up with a fair settlement. Having an experienced divorce attorney representing you is critical to that success.

Child Custody

One of the most important issues that need to be decided in a divorce is child custody. In Illinois, this is referred to as the allocation of parental responsibilities and also includes a parenting time schedule that determines when the child will be with each parent. It is not uncommon for parents to disagree over how custody should be divided – in fact it is more common for parents to disagree over custody than to agree, at least initially.

Your attorney will negotiate with your spouse’s attorney in trying to come up with a plan that both parties can agree on and also adheres to the best interest of the child doctrine, which is what every Illinois family judge bases their custody decision on.

Support Payments

Child support is not actually negotiable because it is set using the income shares model. However, there may be other expenses for the child that needs to be decided, such as education expenses, extra-curricular activities, and more.

Spousal support is a factor that a couple may need to address in their divorce agreement. This will depend on whether there is a pre- or post-nuptial agreement that stipulates spousal support or whether the judge deems that one spouse qualifies for support.

Marital Assets and Debt

Illinois uses equitable distribution when determining how a marital estate should be divided between spouses. Equitable does not necessarily mean equal, so there will not necessarily be a 50/50 split. Assets that need to be addressed include the marital home and any other real estate the couple may own, vehicles, recreational vehicles, retirement accounts, stocks, bonds, and other financial accounts.

The debts of the marriage also need to be addressed and is often part of the negotiation that takes place when coming up with a fair settlement.  

Let a St. Charles, IL Divorce Attorney Help

If you are planning on ending your marriage, call Weiler & Associates, Inc. at 630-331-9110 to schedule a confidential consultation with one of our skilled Kane County divorce lawyers and find out what legal options you have regarding the division of your marital estate, parenting time, child support, and spousal maintenance.



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