Posted on March 28, 2025 in Divorce

Perhaps your marriage began falling apart several years ago when your husband moved out of the house and into his own apartment while you remained in the marital home. Although your husband pays child support, spends time with the child, and helps you pay the bills, it is essential to recognize that this does not constitute a legal separation under Illinois law, and may have significant adverse consequences.

Although you may not see much difference, living apart and legal separation are two entirely different things. Now, your husband is asking for a divorce, and his list of demands is making your head spin. Because you haven’t lived together for years, you may have assumed that if he ever asked for a divorce, your life would continue in much the same way. This is a situation that requires a highly experienced Will County, IL family law attorney who can help you sort out all the issues.     

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 Posted on March 21, 2025 in Spousal Maintenance

Since spousal support – also known as alimony or spousal maintenance – is typically a controversial issue during a divorce, if the receiving spouse asks for an increase or the paying spouse asks that the amount be decreased later on, the issue can get even more contentious. Unless an Illinois divorce order states that the awarded spousal support is non-modifiable, there are circumstances under which it can be later modified.

The modification of spousal support is covered under 750 ILCS 5/510. If your ex is asking for an increase in support or you, as the paying spouse, need to request that the amount be lowered, it is time to speak to an experienced Will County, IL family law attorney.  

What if the Paying Spouse Wants to Reduce Spousal Support?

Whether an individual is asking for spousal support to be increased, reduced, or terminated, there must be a "substantial change in circumstances" for a judge to consider a modification. Most spousal support awards have a set period of time. When this time is up – or if the receiving spouse marries, cohabitates, or dies or the paying spouse dies – then the order would likely end.

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 Posted on March 12, 2025 in Child Support

Suppose that soon after your divorce, your ex-spouse remarries and then moves several states away. Although you have done everything in your power to facilitate visitation with the two children you share, he has shown little interest in seeing them. Recently, he has also stopped paying child support.

When you attempt to talk to him about the missed payments, he becomes very defensive, saying he is not responsible for child support since he never sees the children. Additionally, he and his new wife now have two children of their own, which he also uses as an excuse to stop paying child support for your children.

Divorced parents have many issues that complicate their lives, and child support is one of those issues. Many parents who are responsible for paying child support are surprised to find that there is no correlation between whether a parent exercises his or her parenting time and child support. The courts presume that, barring any unusual situations, children are better off spending time with both parents.

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 Posted on March 06, 2025 in Divorce

A non-disclosure agreement (NDA) is usually associated with a business rather than a marriage. However, there are times when an NDA can - and should - be part of a couple’s marriage and divorce. NDAs are often known as confidentiality agreements, which legally limit what details can be shared about business practices or the details of a marriage.

Celebrity couples often use NDAs when they marry to limit negative press and preserve reputations in the event of a divorce. In our current social media era, an NDA might be a good idea for virtually any divorcing couple, as it is all too easy to vent on social media publicly. If you believe your divorce could benefit from an NDA agreement, speaking to a skilled Will County, IL family law attorney can be helpful.

What Is the Purpose of an NDA In a Divorce?

A non-disclosure agreement in a divorce is a legal contract that limits the information that can be shared by the divorcing spouses. Some of the reasons an NDA is used might include:

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 Posted on February 26, 2025 in Child Custody

Under Senate Bill 3207, Illinois daycare centers are now allowed to operate for 24 hours and provide care for a child for up to 12 hours. This can significantly benefit parents whose jobs require shift work. A study done years ago (2007) in Illinois found that 42 percent of parents across the state work non-traditional hours. It is likely that this percentage is still true today, making flexible daycare essential.

In families where one or both parents work non-traditional hours, they usually find solutions to childcare. These solutions can include different work shifts for the parents, paid daycare facilities, or family members who can help them manage their work hours and children. What may have been manageable when a couple worked together to make it manageable can be much less so after a divorce when making a parenting plan.

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 Posted on February 21, 2025 in Child Custody

Even under the best circumstances, determining child custody (the "allocation of parental responsibilities" in Illinois) can be difficult at best. If one parent has a criminal history, that may make the determination of parental responsibilities even more complex. A spouse who did not care about the other’s criminal history when they met may now try to use that history as a means of preventing the other parent from spending much time with the couple’s child.

Illinois courts care about the child’s best interests rather than penalizing a parent with a criminal record. This means that while a criminal history may be one factor the court will consider, it is far from the only factor, and it may not even be the most important factor. If you have a criminal record and want to know how it will affect the determination of parental responsibilities and parenting time, it is time to speak to a knowledgeable Will County, IL family law attorney.

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 Posted on February 13, 2025 in Divorce Mediation

When marriages break down, most couples opt to file for divorce. For some, however, there are compelling reasons to file for a legal separation before choosing the permanent solution of divorce. A couple may decide to legally separate and live apart to see whether they want to remain married.

Some couples have religious reasons to avoid divorce and may legally separate instead. With health insurance so expensive and sometimes difficult to obtain, some couples may remain legally married to continue having health insurance while living apart as legally separated. Under an Illinois legal separation, you are still legally married but living apart.

Your separation agreement can determine the allocation of parental responsibilities, parenting time, child support, and spousal support until one or both partners decide to live together again or divorce. More information regarding legal separation in the state is below, but your best source of information is a Will County, IL family law attorney.  

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 Posted on February 07, 2025 in Divorce

When a spouse is diagnosed with Alzheimer’s or dementia, the future can look fairly bleak – both for the diagnosed spouse and for the healthy spouse. The disease may progress quickly or more slowly and can change most aspects of a marital relationship. Those with spouses who are diagnosed with Alzheimer’s may find their role in the marriage has completely changed – and can be overwhelmed by the changes and the added responsibilities.

Along with dealing with changes to the relationship, a spouse who makes the hard decision to divorce his or her spouse with Alzheimer’s will also likely face judgment from others. Family members, friends, and even strangers may pass judgment on your decision to divorce.

It can be hard to remember that they are not privy to your day-to-day life and have no idea about the challenges. There are additional steps to be taken once you decide to divorce a spouse who has Alzheimer’s. A Will County, IL family law attorney can help you through the process with the best outcome possible.

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 Posted on January 30, 2025 in Spousal Maintenance

You may have breathed a big sigh of relief once your divorce was over and done. Perhaps you received a fair asset settlement and spousal support, and you are beginning to put your life back together. Then, one day, your ex-spouse calls to tell you that he or she is filing for bankruptcy. You cannot help but wonder how this will affect your own financial situation.

What if his or her name is still on your home or another asset that was ordered to be sold and divided after the divorce? Will your spousal maintenance continue after your ex-spouse files for bankruptcy? Since each situation is unique, the best step you can take is to speak to your Will County, IL family law attorney, who can help you determine what you need to do to protect your own financial security.

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 Posted on January 22, 2025 in Property Division

Divorce can be challenging, and its consequences may seem to keep cropping up long after the divorce is over. Financial concerns are the most likely long-term consequences of a divorce. One of these financial consequences is finding out months after the divorce that your credit score has taken a substantial hit. To be clear, your divorce, in and of itself, will not cause your credit score to drop, but the financial actions taken during and after a divorce may.

Further, if your spouse was buying things on credit that you were unaware of, your credit score will reflect these actions no matter whether you had anything to do with those purchases. Having an experienced Will County, IL family law attorney who acts as your advocate throughout and after the divorce can minimize some of the adverse consequences.

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