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Recent Blog Posts
I am a Stay-at-Home Mother - How Can I Afford Divorce?
A stay-at-home mother makes significant career sacrifices so they can do the neverending work of raising children and caring for a home. After years of no paid vacations and very little downtime, they may find themselves having worked hard but still unsure how to pay for a divorce. Stay-at-home mothers often remain in untenable situations for too long because they do not know how to get out.
Illinois law recognizes that such a situation could arise for homemakers. That is why Illinois allows for interim spousal maintenance (formerly known as “alimony”) that can help support the stay-at-home spouse during a divorce. With effective legal representation, you can get divorced as a homemaker.
File for Temporary Spousal Maintenance
Courts want to recognize and encourage the efforts of mothers who do the important work of childrearing. The Illinois Marriage and Dissolution of Marriage Act allows spouses to petition for temporary financial support by filing a motion and providing a financial affidavit that details the mother’s financial situation. This includes both spouse’s incomes, if applicable, expenses, and savings.
My Illinois Divorce Order is Unfair. Can I Request a Modification?
The unpleasant truth about divorce orders is that neither spouse is entirely satisfied with the results. Compromise, negotiations, and a reduction in parenting time with children practically guarantees that nobody is going to get everything they want.
Anticipating this, Illinois courts have made it difficult to modify divorce orders except in certain circumstances. This article discusses when a divorce order may be modified, which parts of the divorce order may be modified, and what you can do if you believe your divorce order merits a second look.
When Can A Divorce Order Be Modified?
Unless there was an error on the part of the courts in interpreting or applying the law to a couple’s circumstances, divorce orders generally cannot be modified until at least two years have passed since the original order was finalized.
Failing to abide by the terms of a divorce decree can result in substantial legal penalties for the violating party. Until a divorce decree has been formally modified, both parties are required to abide by its terms no matter how unfair they may believe it is.
Talking to Children About Divorce
Deciding to get divorced is one of the most challenging decisions Illinois parents can make. This is especially true when they share children. Parents who have decided to get divorced may worry about the short- and long-term impacts of divorce on their children, beginning with the initial conversation when they break the bad news.
Even though divorce is never easy, there are strategies for handling conversations about divorce that can make the process much easier for children. In this article, we will discuss three tips for parents who want to talk to their kids about divorce in a healthy and productive way.
Have the Conversation Together
Although parents may want to give each child their side of the story, this approach is not age-appropriate. Instead, parents should talk together first and decide how to tell the children using supportive and honest language. Parents do not need to get into the details of their breakup, but should tell their children more generally that they cannot get along or do not want the same things.
How Are Divorce Orders Enforced in Illinois?
Once a divorce decree is finalized, issues such as spousal support, child support, and a parenting plan are finalized as well. Whether parents are satisfied with the terms of the divorce decree does not matter; until and unless the decree is modified, the original decree is legally binding.
Unfortunately, some people who are dissatisfied with the terms of their divorce decree decide that they will flout some or all of it. They may refuse to pay support or to let the other parent visit the children. Fortunately, Illinois provides consequences for failing to obey a divorce order, and an experienced family law attorney can help you pursue enforcement.
Can I Record Conversations with My Spouse During Our Divorce?
Divorces in Illinois are often hostile affairs, and former spouses may find it hard to be on their best behavior. In an effort to catch a moment of abuse or admission of guilt, spouses may attempt to record each other and use the recording for leverage later in the divorce. The ease with which modern technology allows us to record conversations can make it very tempting to do so.
However, recording a phone conversation in Illinois without the consent of both parties is illegal and the individual making the recording is engaged in a strategy that can backfire on them by risking serious legal consequences.
When Can I Record a Conversation with My Ex?
Illinois is an all-party consent state, meaning that, with very few exceptions, everyone on the call needs to know they are being recorded for the recording to be legal. This is true whether the call is just a regular phone call or takes place over a video platform. Recordings that are made “surreptitiously,” using deception, secrecy, concealment, or stealth, are violations of the Illinois eavesdropping law.
Do Both Parents Pay for a Child’s College Expenses After Divorce?
It is no secret that college is an enormous expense, sometimes reaching well into the six-figure range. Gone are the days when a student could work through summer and afford college in the fall. The rising cost of college leaves many parents wondering: How will we pay for it? Divorced couples have the additional challenge of figuring out which parent will pay for what part of their child’s college expenses, and often must plan far into the future in order to address these issues.
College Expenses in a Divorce Settlement
Many divorce settlements contain provisions stipulating who will pay for the costs of college. Parents must consider and discuss their current and future income, other financial resources (such as contributions from grandparents), and any resources the child is likely to get from grants, loans, or education savings accounts. When these issues are not specified in a divorce order, and parents cannot come to a resolution on their own, the issue may be resolved in an Illinois court.
What Can I Do About My Ex Alienating Our Child From Me?
Getting along with your ex during and after an Illinois divorce can be challenging. Unfortunately, sometimes parents will be so upset after a divorce that they deliberately influence their child’s perspective of the other parent, using tactics such as belittling, criticizing, interfering with contact, and undermining the child’s relationship with the other parent. If you are the recipient of this behavior, read on to find out what you can do.
Is Parental Alienation Real?
Illinois law deliberately rejects the term “parental alienation syndrome,” because it is too subjective for practical purposes. However, the law does recognize that certain behaviors might be considered alienating and can be detrimental to the child’s health and wellbeing.
It is important to take alienating behavior seriously. A child does not have the experience or maturity to understand adult conflicts and can feel ashamed and responsible for their parents’ negative emotions. In addition to the harm this does to the child’s wellbeing, sometimes alienating behaviors can have a permanent effect on the long-term relationship between a parent and child.
What Happens When a Parent is Falsely Accused of Child Abuse?
Child abuse and other forms of domestic violence are real and serious threats that affect millions of Americans every year. Sadly, in Illinois alone, it is estimated that thousands of children are neglected or abused each year.
Unfortunately, some parents use the seriousness of abuse charges to attempt to revoke parental responsibilities from a child’s other parent. This may stem from misunderstandings based on different disciplinary approaches, knowing exaggerations, or outright lies. Whatever the reason behind the accusation, you need to know your rights and what you can do to protect yourself and your relationship with your child.
Is DCFS Involved?
If you have been accused of child abuse, you may be contacted by the Illinois Department of Children and Family Services (DCFS). DCFS must take every allegation of abuse seriously; therefore, even if the accusations against you are untrue, you may have to deal with a formal investigation.
How Are Assets Divided in an Illinois Divorce?
The common conception of what happens to a couple’s assets in a divorce is that they are split equally and everybody brushes off their hands and moves on. This could not be further from the truth–especially in Illinois.
Equitable Distribution
Illinois is known as an “equitable distribution” state, meaning that the division of marital assets is done in a way that is considered fair, rather than precisely equal. This gives judges considerable leeway when making decisions that are considered equitable, and each divorce case is going to be different.
Keep in mind that only marital assets are divided in a divorce; assets that each spouse owns individually, such as inheritances or assets protected by a prenuptial agreement, will remain in possession of the spouse who owns them. For those assets that must be divided, the Illinois Marriage and Dissolution of Marriage Act lists twelve factors that will be taken into consideration:-
Both parties’ contributions to the marital assets or marital estate (including the contributions of a homemaker spouse who may not have earned income)
What Are the Different Child Representative Roles in Illinois?
In our previous post, we discussed at length what parents can expect when a guardian ad litem is appointed to a case involving the allocation of parental responsibilities in Illinois. But guardians ad litem are not the only people involved in discovering and representing the best interests of a child in a custody dispute.
In addition to a guardian ad litem, an Illinois court may assign a custody evaluator or a child representative. Although these people play somewhat similar roles in a custody evaluation, there are some crucial differences that determine which of them may be involved.
What is a Custody Evaluator?
A custody evaluator is a third party, usually a psychologist or psychiatrist, who takes an active, investigative role in a child’s home environment in order to make a report–and possibly a recommendation. Custody evaluators will interview parents, children, and other individuals who frequently interact with the child, such as extended family members, teachers, or neighbors.
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