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Real Estate and the Sale of the Marital Residence in Divorce
When parties are divorcing, there can be an issue in regard to the marital home. If neither of the parties intends to stay in or wishes to receive the marital home as part of the dissolution of marriage proceeding, they could agree to list and/or to sell the marital home during the pendency of the divorce proceeding. If the divorce case is over, and the marital home still has not yet been sold, the parties could divide, in a Marital Settlement Agreement and/or pursuant to a Judgment of Dissolution of Marriage, how to handle issues in regard to the sale of the marital residence, including, but not limited to, the current real estate listing, any future listings, sales price, offsets or deductions and how to distribute net sales proceeds once any sale may close.
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official Illinois guidelines are not appropriate, the court considers the financial resources and needs of the child, the standard of living the child would have enjoyed if the marriage had endured, the physical, emotional, and educational needs of the child, and the financial resources, needs, and obligations of both the non-custodial and the custodial parent. Support payments may be ordered paid directly to the court.
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