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Recent Blog Posts
What Are Temporary Orders in an Illinois Divorce?
If you are thinking about ending your marriage – or have already made the decision to do so – there are likely many questions and concerns you have regarding the divorce process and what will happen during this process. For example, you may be worried about your spouse removing all the funds from any joint bank accounts you have. If you have children and the divorce is contentious, you may be concerned about your spouse making decisions about your children – such as changing their schools or even where they live – without consulting with you first.
In these situations, it is not uncommon for a judge to enter temporary orders in order to prevent either spouse from taking these types of actions without the other spouse’s knowledge.
What Types of Issues Can Temporary Orders Be Issued For?
Protecting Your Finances in an Illinois Gray Divorce
One of the fastest-growing groups of people who divorce are those 50 years of age or older. Divorce involving older adults is commonly referred to as “gray divorce.” According to national statistics, since 1990, the rate of gray divorce has doubled. Currently, approximately 25 percent of all divorces that are filed each year in the U.S are by couples who fall into the gray divorce category. It is predicted that by the year 2030, there will be more than 828,000 gray divorces each year.
Impact of Gray Divorce
Unfortunately, study after study reveals that when an older person divorces, the emotional and financial impact of the marriage ending can be even more significant than for their younger counterparts. Older individuals are often left feeling they wasted their lives with the wrong spouse and fear they will end up living what is left of their life alone. Studies show that the levels of depression are higher for a person going through a gray divorce than it is for a person whose spouse has died.
My Ex Says I Have to Pay For Our Child’s College, Even if I Do Not Want To. Is This True?
A common frustration for many divorced parents in Illinois is the unavoidable fact that they can be ordered by an Illinois family law judge to pay child support for their adult child’s college expenses. While some parents are happy to support their children while they attend college, other parents might disagree with their child’s choice of major, the rising expense of college, or the idea of college as necessary in the first place. Other parents may be justifiably concerned that an ex is encouraging an adult child to attend university against the child’s wishes because they want to get under the other parent’s skin.
If you are divorced in Illinois and have questions about adult children and child support for educational expenses, read on and then contact a Kane County child support attorney who can help.
When Do Divorced Parents Need to Pay Child Support For Their Adult Children?
Divorced or unmarried parents of minor children in Illinois often believe they will be able to stop making child support payments when their youngest child turns 18. Many parents are surprised to learn that child support can continue past the age of legal adulthood in several circumstances. If you are paying or receiving child support and have questions about whether payments might be extended past your child’s 18th birthday, read on to learn about circumstances in which a parent may need to pay child support for an adult child. Then, contact an Illinois family law attorney with experience in child support matters for further answers to your questions.
The Child is Still in High School
If a child has turned 18 but has not yet finished high school, child support payments will continue until the child either graduates or drops out of high school. However, if the child is over 18 and decides not to finish high school, the parent making payments will need to file a motion with the court requesting that payments be terminated. Ending payments without permission from the court can result in owing back child support and legal consequences.
Does “Permanent” Alimony End if My Ex Gets Remarried in Kane County, IL?
When a couple in Illinois gets divorced, alimony - technically known as “spousal maintenance” - is sometimes negotiated or awarded if a court deems it appropriate. For couples who have been married for a long time, spousal maintenance is more common. Spousal maintenance may be awarded permanently or indefinitely if a divorcing couple was married 20 years or longer. However, this does not mean that the spousal maintenance will actually need to be paid forever; certain actions on the part of the recipient can terminate payments. If you are paying alimony in Illinois and you know your ex is engaging in behaviors that would permit you to stop making payments, read on.
Why is Permanent Alimony Ordered By a Court?
Although it is less common now, traditional marriages of the past often consisted of a spouse who earned all or most of a family’s money and a spouse who cared for the children and the home. After several decades of such an arrangement, the non-working spouse will often struggle to find sufficient employment or education to support themselves after a divorce. Although paying alimony forever may feel unfair to the person making payments, Illinois courts see this as necessary for ensuring the spouse who gave up their career and educational advancements to support a marriage is not left penniless because that marriage ended.
Can I Get My Parental Rights Back After They Have Been Terminated?
Illinois family judges take parental rights seriously and only terminate them against the wishes of the parent in the most serious cases. Abuse, neglect, or abandonment can make it dangerous for a child to live with a parent in their home and Illinois DCFS must sometimes take action against a parent’s and even a child’s wishes. Unfortunately, this means that if your parental rights have been terminated, it is very unlikely that you will get them back, even if you have taken extensive measures to improve your circumstances.
However, it is sometimes possible to reverse a parental rights termination and reunite a child with his or her parent. An experienced Illinois family law attorney can talk to you about your situation and help you understand your options.
Clear and Convincing Evidence
Breaking the News of Divorce to Your Children: Three Strategies for a Productive Conversation
Telling your children about divorce is, for many parents, the worst part of the entire process. The idea of facing your child’s disappointment, tears, and confusion can feel overwhelming at best. But it is important to plan this conversation carefully; first, because it is inevitable, and second because your children will likely remember this conversation for many years to come. Like any other difficult task that must be done, planning ahead and creating a strategy can minimize negative feelings and make the conversation much more productive. Here are three tips to help you break the news of your Illinois divorce to your kids.
Create a Constructive Narrative
While you and your spouse know the nitty-gritty details of your divorce, your children do not need to know them - and, depending on their age, probably should not know them. Instead of sharing the hurtful and embarrassing things you and your spouse have done to hurt each other, create a constructive narrative that allows you to explain the situation to your children without revealing the hairy details. In this case, giving the exact truth is less important than helping your children feel supported and reassured.
Three Tips for Managing Your Credit In Your Kane County Divorce
One of the most difficult challenges of an Illinois divorce is dividing your marital assets and debts. Any property, money, vehicles, loans, credit card debt, or other financial instrument or asset that you acquired during your marriage must be divided. While property division has to be fair, there is no guarantee that your financial situation after divorce will be easy; divorce is notoriously difficult on a person’s net worth, as well as their credit score. If you are considering divorce, here are three tips for managing your credit as you go through the divorce process.
Get to Know Your Credit Report
Many people do not think twice about their credit report during their marriage, especially if their spouse has good credit and manages the family finances. But this can be risky, especially if you do not have your own credit history. There are many free, easy-to-use resources available for accessing your credit report. Become familiar with every account on your credit report and start finding ways to build your individual credit.
Getting Back to Normal After Your Illinois Divorce is Finalized
Many people get divorced after many years or even decades of being married. Even if a marriage is unhappy, for most people there is a certain level of predictability, stability, and companionship that comes with being married. An Illinois divorce upends all of those things, even as it can free a spouse from a stifling, distant, or abusive relationship.
In addition to the significant changes of divorce, the fear of being alone is often as compelling as the fear of remaining in an unhappy marriage forever. If you are considering divorce and wondering whether you can adjust to the single life again, know that millions of people have done so happily - and when you are ready to finalize your divorce, here are four steps that could help you.
Actively Socialize
One of the challenges of divorce is that it breaks up family and friend groups, leaving both spouses with fewer social connections than they had during the marriage. To make up for this, you may have to take a more active role in forming new social connections than you have in many years. Divorced singles often find meaningful friendships at church, support groups, and game nights. When someone asks you over for dinner, say yes - and invite people into your home as well.
Three Types of Non-Marital Relationships and How to End Them in Illinois
Until fairly recently, the vast majority of men and women entered into heterosexual marriages at a young age and stayed married to one person for the rest of their lives. However, with the advent of no-fault divorce, over the last 50 years and particularly over the last 20 years, societal expectations of what is considered marriage have expanded and far fewer people are even getting married to begin with.
Although marriage rates may be declining, people are still engaging in relationships just as they always have. Yet when relationships are not formalized as marriages, leaving the relationship can get complicated because couples do not always know how to protect their interests while breaking up. Here are three non-marital relationships and how they end in Illinois.
Civil Union
Couples can no longer enter into civil unions in Illinois. However, there are still many couples who are in civil unions who eventually decide to separate. Civil unions dissolve much the same way that marriages do; couples have property rights and must divide their marital assets and debts. Likewise, prenuptial and postnuptial agreements for civil unions are enforceable as long as they are legally sound.
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