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An Overview of Alimony Laws in Illinois
Divorce can have a massive financial impact on both parties. Many divorcing spouses worry about how they will pay their bills without their spouse’s financial support. Alimony, called spousal maintenance in Illinois law, provides an opportunity for financial relief. However, spousal maintenance is only available in certain situations. If you are getting divorced and you or your spouse is interested in pursuing spousal maintenance, an experienced family law attorney can give you advice customized to your circumstances.
Spousal Maintenance Entitlement
Spousal maintenance recipients have traditionally been women, however, Illinois spousal maintenance law makes no distinction between men and women. A spouse may qualify for spousal maintenance if:
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The spouses signed an agreement such as a prenuptial agreement that determines spousal maintenance arrangements.
3 Tips for Dealing with a Guardian Ad Litem in a Child Custody Case
The issue of child custody can be quite contentious. Understandably, parents want the best for their children. When parents, grandparents, or other guardians disagree about what is best for the children, the situation can escalate quickly. In many child custody disputes, a guardian ad litem (GAL) is assigned to the case. The GAL’s job is to advocate for the child’s best interests. If a guardian ad litem has been assigned to your case, consider the following tips.
Prioritize Your Child’s Wellbeing
It goes without saying that divorce, child custody cases, and other family law cases can be quite difficult for children. Younger children may not understand what is going on and therefore reach the conclusion that they have done something wrong. Older children who understand the legal issues may feel awkward and unsure of how to respond. Keeping child-related schedules and routines as consistent as possible can help reduce the chaos brought into the child’s life during this time. It is also important to avoid sharing too much information with the children about the specifics of the case.
What Are The Options For Changing Your Name After A Divorce In Illinois?
About 70 percent of U.S. women change their last name to their spouse’s last name when they get married. Some men also decide to change their last name to their spouse’s last name upon marriage. For many, this tradition is an important sign of love and commitment. When a marriage ends, however, the name may no longer reflect the current reality. Many divorcing spouses wish to change their name back to what it was before they were married but they have questions about how the process works.
Do I Have to Change My Name When I Get Divorced?
Not everyone wishes to revert to their maiden name after a divorce. For many, their name is an important part of their identity. Your name may have significant personal value to you – even if you share it with someone you are divorcing. You may also want to keep your married name so you can have the same name as your children.
Separation Can Provide Legal Protections Without Ending Your Marriage
Divorce terminates a marriage. Once a couple is divorced, they are free to marry others. There is no reversing a divorce. Legal separation does not end a marriage, but it can provide important legal protections to spouses who have stopped living together.
Illinois law allows couples to separate and address many of the same issues that they would address during divorce while still remaining married. Legal separation is much less common than divorce, however, it may be preferred over divorce in some situations.
Why Would You Want to Get Separated Instead of Divorced?
When a couple is legally separated, they are still technically married. However, they do not live together, share finances, or conduct themselves as a married couple. There are many reasons that some choose legal separation instead of divorce including:
What Can I Do If My Ex Refuses to Sign Divorce Papers?
Understandably, nearly every divorce involves a certain degree of contention. Divorcing spouses may harbor guilt, resentment, frustration, anger, and grief over the end of the relationship. These intense emotions can make it even harder for spouses to cooperate during a divorce. However, some divorce cases are more contentious than others. If your ex is refusing to sign divorce papers, discuss divorce issues like property division, or allocation of parental responsibilities, you may be unsure of what to do. Read on to learn about Illinois divorce law and how to handle a non-cooperative spouse in an Illinois divorce.
Can I Get a Divorce if My Ex Will Not Participate?
If you are like many people in this situation, you may wonder if it is possible to get divorced without the other spouse’s participation. Can a spouse delay the divorce inevitably by refusing to sign the divorce paperwork? Fortunately, it is possible to get divorced even if your spouse tries to prevent the divorce.
How Are Child Support Obligations Determined in Illinois?
When parents decide to end their relationship, including through divorce, legal separation, or the breakup of an unmarried couple, they will want to make sure their children will have everything they need to grow up successfully. In addition to addressing issues related to child custody and making sure both parents can maintain close relationships with their children, parents will also need to address matters related to child support. This form of financial support ensures that both parents will regularly contribute to meeting their children’s needs. Parents will need to understand how their financial obligations toward their children are determined and what types of child-related expenses will need to be addressed.
Calculating Child Support Payments
Since 2017, the state of Illinois has used an “income-sharing” calculation for child support obligations. The state’s laws provide guidelines for how child support payments are calculated. These calculations begin by determining a “basic child support obligation” using a table that specifies the amount that a married couple at the same income level as the parents in question would usually pay on a monthly basis to provide for their children’s basic needs. This table will provide the appropriate amount of support based on a couple’s combined income and number of children.
How Are High-Value Collectibles Handled in an Illinois Divorce?
Perhaps you have scoured flea markets and auctions for years to build your collection of antique furniture. Maybe your coin collection has been growing since you were a young child and has only increased in value during your adulthood. Collectables such as these are not only valuable in the financial sense, but they are also valuable in the personal sense.
If you own an impressive collection of stamps, coins, trading cards, records, antiques, memorabilia, or other items of significant value, these assets can impact your divorce considerably. A skilled divorce lawyer can help you determine the best way to account for collectibles in your divorce case and ensure that your rights are protected during the division of marital property.
The First Step is Having Your Assets Professionally Valued
Determining the value of a collection is challenging for several reasons. Firstly, the value of antiques and other unique collectibles is often up for debate. The value of these items can also fluctuate as the market ebbs and flows. Furthermore, the collection as a whole is often more valuable than the items’ individual values. Before you can account for collectibles in your divorce, you will need to get the assets professionally valued by an appraiser.
Can I Sue My Spouse’s Affair Partner During My Divorce?
Marital infidelity is shockingly common. Studies show that up to one in five married people cheats on their spouse—and those are just the spouses who admit it. If your marriage has been impacted by infidelity, you know just how devastating it can be. Often, an extramarital affair is the main instigating cause of divorce. You may wonder what type of legal recourse you have at your disposal. Can you sue your spouse’s lover for emotional distress or alienation of affection? How will marital infidelity affect divorce?
Illinois Laws Regarding Civil Lawsuits Against Boyfriends and Girlfriends
If your spouse cheated on you, you may be looking for a way to hold the other woman or the other man accountable for the harm the affair caused. Seven U.S. states currently allow civil tort claims for “criminal conversation” or “alienation of affection.” However, Illinois is not one of them. You cannot sue your spouse’s boyfriend or girlfriend for the damage he or she caused to your marriage.
Should I Get a Prenup Before I Get Married?
If you are engaged, you may be thinking about the advantages of creating a prenuptial agreement with your soon-to-be spouse. There are considerable misunderstandings and misconceptions about prenups. However, more and more people are recognizing how beneficial these marital agreements can be. If you are getting married and you are on the fence about getting a prenuptial agreement, consider the following.
Prenuptial Agreements Are Increasingly Popular Among Younger Couples
Prenuptial agreements are becoming more and more popular among younger couples in the U.S. Many people in their 20s and 30s have divorced parents. They recognize that divorce is a possibility even in the happiest relationships. Therefore, it is best to be prepared for this possibility. Many millennials also have substantial assets and debts that they want to protect in the event of divorce.
Will My Child Have to Testify in Court During My Child Custody Dispute?
If you are a parent getting divorced, you probably spend a lot of time worrying about how the divorce will affect your kids. Divorce brings about massive changes to a child’s home, family, and daily life. Some children struggle to cope with these changes. Fortunately, Illinois law reflects the fact that divorce is hard on children, and policies have been instituted to minimize the trauma of divorce as much as possible. This is one reason that children are not typically asked to testify in court during child custody cases or other family law issues. However, your child may be asked to participate in the case in other ways.
The Court May Consider the Child’s Preferences
Illinois courts make every child-related decision with one key priority in mind: ensuring that the child is safe and well cared for. Consequently, child custody decisions are always made with the child’s best interests in mind. However, courts do often take children’s preferences into consideration during family law cases. The child’s statements will not determine the outcome of the case, but they may influence the court’s opinion.
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