Divorce Basics: Important Vocabulary and Terms

 Posted on January 18, 2016 in Divorce

Divorce is the legal process that many couples will decided to initiate under Illinois law. However, as with many legal processes, the legal jargon, or vocabulary, often prevents people from understanding the process. However, a clear understanding of the divorce vocabulary can assist people to cut through the legal jargon and understand what is happening in their divorce case.

• Alimony or spousal support, is the legal term for money that a supporting spouse pays to his or her former spouse. The amount of the payment will be based on a number of factors, including the length of the marriage and each spouse’s income.

• Child support is similar to alimony and is a payment from a non-custodial parent to ensure that the child has the necessities for life. However, child support is paid based on the legal idea that parents have certain rights and responsibilities, even when a child’s parents end their marriage.

• A college contribution is a form of child support that extends beyond a child’s 18th birthday. These payments are made to ensure a child has support to attend a university, college or trade school. College contribution payments are limited in amount and duration. Additionally, a child must maintain a C average.

• Child custody is the legal authority to have responsibility over a child. Custody has two components: physical custody and legal custody. Legal custody is the ability that parents have to make decisions for their children; physical custody is the ability to take care of a child and ensure his or her wellbeing. Custody can also be sole or joint. Sole custody means that one parent has both legal and physical custody, and can make a majority of decisions without the other parent. In a joint custody arrangement, both parents share legal and physical custody of the child and make decisions together.

• Marital Property is the property the couple acquired during their marriage that is distributed between in a divorce. Generally, marital property is all property either spouse acquires after the marriage starts. There are some exceptions to this rule. The most important are gifts and inheritance. This means that if either spouse receives property as a gift or inheritance, then the property may not qualify as a marital asset that should be divided upon divorce.

• Mediation is form of divorce resolution. Mediation takes place using mediators selected by the divorcing couple and the court. The mediator does not have authority to make decision about the divorce. Still, a mediator can help a couple to develop a settlement that works for the divorcing couple.

An Attorney can Help with Your Divorce

Illinois divorce is a complex legal procedure. It can be hard to understand the vocabulary and the impact certain procedures may have on your family. However, the right attorney can help you fully understand legal jargon and make the right decisions for your family. If you and your spouse are considering divorce, then you should speak with the DuPage County divorce attorneys at Davi Law Group, LLC. We can help simplify legal jargon and advise you so that you can make the best decisions possible for your future.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59