Recent Blog Posts
What Are the Different Types of Spousal Support in Illinois?
In Illinois, there are a variety of factors that are considered when determining whether to award spousal maintenance (also known as alimony or spousal support). However, it is important to understand that there are different types of spousal support, and the type of maintenance awarded may play a role in determining how to proceed if your or your ex-spouse’s situation changes following your divorce. Here are some guidelines to follow so that you know what to expect if you are ever faced with spousal support dilemmas:
The Types of Spousal Maintenance in Illinois
There are three types of spousal support that may be awarded in an Illinois divorce case:
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Fixed-term maintenance—In these cases, the court will designate an end date on which spousal support payments will be terminated. This means that maintenance will be expected to be paid throughout the term, but once the term ends, the spouse providing support will no longer be obligated to offer any additional support.
What Is Considered When Awarding Maintenance in an Illinois Divorce?
If you will be getting a divorce and expect to either receive spousal maintenance or provide spousal support to your former partner, you might want to know what a judge will consider when making a decision about who will owe what in terms of long-term maintenance and alimony. In cases where your and your spouse’s lawyers are working together to come to an agreement through collaborative law or mediation, knowing these factors might be even more helpful to you.
Deciding Factors In Spousal Support Determinations
While the following list is not exhaustive, these are the majority of the major factors taken into consideration when determining whether spousal support should be awarded in an Illinois divorce:
Name Changes After Divorce: Why, How, and What Is New in Illinois?
In the year 2020, it will be much easier to change your name after a divorce. This is due in large part to a new law. There are many reasons why a divorced person might want to change their name, and certain steps must be followed when doing so in Illinois.
Why Change Your Name After a Divorce
There are many reasons you might wish to change your name following your divorce. Here are just a few:
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Liberation and “Fresh Start”—Being able to change your last name back to your original name or even an entirely different name of your own invention will grant you a sense of liberation. You will feel like you are taking steps forward in your new life without your spouse.
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An Easier Time Dating—While potential new partners will likely not know about your ex-spouse (at least not initially), you may still want to avoid associating yourself with your past relationship. When you begin dating, you will probably prefer introducing yourself with a name that does not carry negative associations or other “baggage” that may be attached to your married name.
What Should I Do if I Suspect Child Abuse When I Share Child Custody?
As you may know, child custody issues can be an ongoing concern long after a ruling is made in court. From allocating parental responsibilities and enacting a parenting plan to coordinating court-ordered parenting time and providing for your child’s needs, continued custody of your child can be quite a balancing act, particularly in cases where you do not have primary custody. What is more, it is an even greater challenge when the other parent is irresponsible, uncooperative, or—in the worst cases—abusive. But how will you know if that parent is abusing your child? Here are some types of child abuse that can occur, the signs of child abuse to watch out for, and some actions that you can take to ensure the safety of your son or daughter, including modification of child custody orders:
What Are Parenting Time Rights in an Illinois Divorce?
Going through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.
Determining the Child’s Best Interests
It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:
What Are the Benefits of a Prenuptial Agreement in Illinois?
Filing for a divorce, legally referred to as a dissolution of marriage in Illinois, can be a burdensome process that requires vast amounts of time, money, and effort from both parties. Ending a marriage requires the division of property, real estate, and businesses, as well as settling issues related to custody of children. Fortunately, some of the disputes surrounding these matters can be avoided through the use of a prenuptial agreement, or prenup. Prenuptial agreements have a negative connotation in some people’s minds; however, many divorce attorneys would recommend this type of agreement for any couple planning on getting married. Taking steps to determine how assets will be divided and how other matters will be settled ahead of time could save countless hours of arguing during the stressful and emotional divorce process.
Which Parent Pays for College in an Illinois Divorce?
The price of a college education these days can exceed six figures for a four-year degree. According to the College Board, the average cost of tuition and fees in 2017–2018 was $34,740 at private colleges, $9,970 for in-state students at public colleges, and $25,620 for out-of-state students at public universities. Those figures are for one year, and they do not include post-graduate degrees. Considering the expense of a college education, it is essential for parents who are getting a divorce to understand their options when determining who will pay for these costs.
Illinois Divorce Laws
The law states that parents may be required to contribute to the education of the child “as equity may require,” which means a fair division of the expenses. In the majority of divorces, the two parties create a written settlement agreement. This agreement typically, but not always, states how the parents will contribute toward their child’s educational costs. In many cases, the major considerations are:
How to Help Children Cope After a Divorce in Illinois
When you and your spouse decide to get a divorce, this decision may have come after careful deliberation and, in some cases, extensive marriage counseling. Each divorce is unique, and your breakup will undoubtedly impact your children in various ways. How your children respond may depend on their age, their personality, and the circumstances of the divorce. The initial reaction is often shock, anger, sadness, or fear. While dealing with these emotions can be difficult, there are ways you and your ex can help your children adjust during this major transition. As with anything in life, going through a divorce can be a learning experience for all involved parties. The coping mechanisms that your children learn for dealing with stress during your divorce may help them grow up to be more flexible, accepting adults.
Should I File for Bankruptcy During My Illinois Divorce?
Money issues can often cause a marriage to fail if two spouses constantly argue over finances. A divorce in itself can be expensive, and it can add to what was already a significant financial burden. Filing for bankruptcy is one way that allows people struggling with debt to wipe out certain obligations and obtain a fresh start. Bankruptcy is a legal process through which people who cannot repay debts to creditors may seek relief from some or all of their obligations.
Chapter 7 and Chapter 13 are the two main types of bankruptcy people typically file. Each offers different benefits, but it is important to know that while bankruptcy can stop most collection actions against someone, it does not eliminate all types of debt. Choosing the option that is best for your situation depends on several factors, including income, property, and future goals after a divorce.
How Can I Protect My Credit Score During My Illinois Divorce?
Going through a divorce can be stressful, and it can have a significant emotional and financial toll on your life. You may not necessarily consider how ending your marriage can affect your credit score until you see the effects of a decrease when applying for a loan or credit card.
Your credit score refers to a number that is based on an analysis of your credit information, and this number represents your creditworthiness. That is, your credit score reflects the probability that you will repay a debt or loan, such as a mortgage. According to FICO, which calculates credit scores in the United States, the amount of debt you have makes up 30 percent of your credit score. Therefore, the lower your debt, the higher your credit score. Protecting your credit during your divorce is essential for maintaining a secure financial future.