Divorce Case Study
Divorce Case Study
This is the divorce case study for the family name Ralls, which is being changed to protect the confidential nature of the consultation. The family resides in Great Lakes, Lake County, Illinois and they are here to consult with regard to a divorce. The couple was married on April 16, 2006 and the marriage was registered in Las Vegas, Nevada. The couple has two children, a seven-year-old son and a six-year-old son. In terms of grounds, the couple is citing irreconcilable differences. They have been living separate and apart, not functioning properly as husband and wife for a period in excess of six months, since March 1, 2014.
The couple does not own any real estate as they are currently renting. In terms of vehicles, the couple possesses a 2011 Jeep Wrangler which has a monthly payment of $541. The couple also has a 2006 Kia which is paid in full. Wife would like to keep the 2011 Jeep and make the monthly payments and wife is going to transfer title to the Kia to husband. The parties own very little in the way of personal property and each party will pay the debt in his or her own name.
In terms of custody of the two children, wife will have sole legal custody. This means that she will have exclusive decision-making over the health, education, religion and extracurricular activities of the children. Father will have reasonable visitation which will include summer vacation as well as other times agreed upon by the parties.
In terms of child support, since wife is going to be the custodial parent, she is entitled to child support. Based on the state of Illinois statutory guideline, 28% of the obligor’s net for two minor children, wife shall receive approximately $987 per month through the state disbursement unit. This means that the child support obligation will be deducted directly out of husband’s pay. In terms of tax deduction issues, the mother will claim both children as dependents for income tax purposes every year. In terms of medical insurance, father will provide medical insurance through his employer. Any amount not covered by insurance will be allocated with husband paying 75% and wife paying 25%. In terms of life insurance both parties will maintain a life insurance policy in the amount of $300,000 for as long as they have a duty to support the minor children.
In terms of maintenance, wife is seeking two years of maintenance, reviewable thereafter. The approximate dollar amount for maintenance would be $800. In terms of the division of pension and retirement accounts, husband’s retirement benefits will be divided through the use of a qualified domestic relations order with wife receiving 50% of whatever was earned during the marriage.
If the couple can agree to all these facts, terms and conditions, we can proceed as an uncontested case. If not, then the case will have to be filed the traditional way, with summons served and time given to respond. Should the case proceed to a contested matter, the couple should plan on being in litigation for the next one to three years. Obviously, is more desirable if the parties can agree on the terms and complete the case as an uncontested matter.