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Real Estate Issues in Divorce
Divorce proceedings oftentimes involve real estate. The real estate could be a non-marital home, a marital home or an investment property. Real estate can be sold in the course of a divorce proceeding subject to agreement of the parties and/or authority from the Court. A divorce case can be concluded without all real estate being sold or divided up, including pursuant to any settlement agreement.
There can be a provision for real estate being sold after the divorce, with said agreement addressed in any Judgment of Dissolution of Marriage or Marital Settlement Agreement, including in regard to methodology of sale, timing and proposed division of any net sales proceeds.
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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