What am I entitled to in a divorce after 24 years of marriage and three children in Cook County, Illinois?

Question from Sofia, What am I entitled to in a divorce after 24 years of marriage and three children in Cook County, Illinois?

Answer from AI:

In a divorce after 24 years of marriage with three children in Cook County, Illinois, several factors will determine what you are entitled to. These include property division, spousal support (alimony), child custody, and child support. Illinois follows specific laws and guidelines to ensure a fair process.

Property Division

Illinois is an “equitable distribution” state, meaning that marital property is divided fairly, though not necessarily equally. Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title.

• Marital Property: This includes homes, cars, bank accounts, retirement accounts, and debts acquired during the marriage.
• Non-Marital Property: This includes assets acquired before the marriage, inheritances, and gifts specifically given to one spouse.

The court considers several factors when dividing property:

1. The duration of the marriage.
2. The economic circumstances of each spouse.
3. Contributions to the marital estate, including homemaking and child care.
4. Any prenuptial or postnuptial agreements.

Spousal Support (Alimony)

Spousal support may be awarded to ensure that both parties can maintain a similar standard of living post-divorce. The court considers:

• The length of the marriage.
• The income and property of each spouse.
• The needs of each spouse.
• The present and future earning capacity of each spouse.
• Any impairment of earning capacity due to domestic duties or delayed education/career opportunities.

For marriages lasting 20 years or more, the court may award permanent or indefinite spousal support.

Child Custody and Support

Child custody and support are determined based on the best interests of the children. Illinois law considers:

• The wishes of the child, depending on their age and maturity.
• The relationship between the child and each parent.
• The mental and physical health of all parties involved.
• The child’s adjustment to home, school, and community.

Child support is calculated using the Income Shares Model, which considers the income of both parents and the number of children. The Illinois Department of Healthcare and Family Services provides a [Child Support Estimator](https://www.illinois.gov/hfs/ChildSupport/Pages/ChildSupportEstimates.aspx) to help estimate potential support obligations.

Legal Advice and Resources

Given the complexity of divorce proceedings, especially with long-term marriages and children involved, it is crucial to consult with a legal professional. They can provide personalized advice based on your specific circumstances.

For more information, you can refer to:

• [Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/)](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59)
• [Cook County Circuit Court – Domestic Relations Division](https://www.cookcountycourt.org/ABOUT-THE-COURT/County-Divisions/Domestic-Relations-Division)

Remember, while this guide provides a general overview, each case is unique, and professional legal advice is essential for navigating the specifics of your situation.