Realizing that your marriage may not last forever can be very emotional and frustrating. Whether or not you are sure you want to end your marriage, it helps to understand the basics of divorce law. Should you conclude that divorce is necessary, it is important to seek the assistance of an experienced family law attorney.

Before a divorce may be granted, five basic issues typically must be resolved. They are:

• Alimony/spousal support
• Property and debt division
• Child custody
• Visitation/parenting time
• Child support

Depending on clients' wishes and their relationship with their spouse, the divorce can be resolved through a contested or uncontested manner.  In an uncontested divorce, the parties are able to reach an agreement regarding all decisions within the divorce and have the court approve the agreement.  In a contested divorce, the parties are unable to reach a negotiated agreement and therefore dispute property division, child custody, or alimony decisions in divorce court.

There are several factors that play into consideration when the court determines alimony:

• How long was the marriage?
• What did each party contribute to the marital estate?
• What standard of living did the parties enjoy during the marriage?
• What is each party’s income and future earning capacity?
• Will the supported spouse be able to get a job?
• Is there a valid premarital agreement?

If you have children, you may have more questions, such as:

• What factors are considered when making a custody decision?
• What’s the difference between joint custody if our child lives with my ex, and sole custody with visitation for me?
• If I get sole custody, what are my ex’s support obligations?

Do you have a prenuptial agreement?  Will it withstand the scrutiny of the court?  Here are some critical questions to consider:

• Was there full disclosure of assets and income in the agreement?
• Were both parties represented by separate counsel?
• Was or is there a disparity in the income of one or both parties?
• Was the prenuptial agreement unreasonably one sided?
• Were all proper mechanisms utilized to formulate the agreement?

Contemplating divorce is difficult. Finding the right legal representation who understands court procedure as well as the physical and mental toll that it can take on you, whether contested or uncontested, is essential.  Our firm recognizes the importance of your decision and its outcome.  For more information, contact us at 630-801-8691 or visit our Website at www.jpmlaw.net.