How Can an Illinois Stay-at-Home Mom Get Divorced Without Money?

 Posted on August 15, 2022 in Divorce

One of the reasons that people frequently cite for staying in unhappy marriages is the high cost of getting divorced. For homemakers or stay-at-home parents, this is especially true. When you do not have an income of your own and are worried whether inflation and a looming recession will make it impossible to make ends meet, divorce can seem like a pie in the sky. 

But you may be surprised to learn that Illinois law has provisions for ensuring unemployed spouses are not trapped in bad marriages forever because they cannot afford their own divorce attorney. If you are considering divorce and wondering whether there is any way to pull it off, read this blog and then schedule a consultation with an experienced divorce attorney. 

How Can I Get Divorced if I Am Unemployed? 

Illinois law views almost everything either member of a couple earns while married as marital property. With the exception of gifts and inheritances, money made by either spouse is money that belongs to both spouses. This means income, vehicles, and even houses that are bought during a marriage using marital money belong to both partners - even if only one spouse’s name is on the title. 

Illinois also allows for something called “interim spousal maintenance.” This is a kind of alimony that can require a working spouse to pay the attorney’s fees of a non-working spouse during a divorce. A working spouse can also be ordered to pay child support during a divorce, ensuring a family with young children is not left without resources. While interim spousal maintenance is not guaranteed, you can talk to your attorney to get a sense of whether it is likely to be granted in your situation. 

All this being said, getting divorced as a single, unemployed parent is still no walk in the park. If your spouse is vindictive or abusive, you may need to find somewhere safe to stay or consider getting an order of protection that keeps your spouse away from the marital home. Before you file for divorce, you may also want to consider gathering the necessary documents and evidence you need to prove your spouse’s income or assets, as well as any evidence that could prove abuse.

Meet with a Naperville, IL Divorce Attorney

If you are an Illinois homemaker, you are not powerless; you have options when it comes to divorce. To learn more about what you can do, schedule a meeting with a Plainfield divorce attorney with Law Office of Ronald L. Hendrix, P.C. by calling us at 630-355-7776. Our consultations are free and confidential so you can feel comfortable safely discussing the details of your situation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000