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…
Continue Reading Is Living Apart the Same as Legal Separation in Illinois?

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…
Continue Reading Is It Possible to Obtain a Spousal Support Modification?

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…
Continue Reading My Ex Moved and Says He Does Not Have to Pay Child Support

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…
Continue Reading When Is an NDA Necessary in a Divorce?

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,…
Continue Reading Parenting Plans for Parents Who Work Shift Work

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…
Continue Reading Can I Get Custody of My Kids if I Have a Criminal Record?

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…
Continue Reading What to Expect from a Legal Separation

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…
Continue Reading How Do I Divorce a Spouse with Alzheimer’s?

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…
Continue Reading Will an Ex’s Bankruptcy Affect Your Spousal Support?

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…
Continue Reading How Will an Illinois Divorce Affect My Credit Score?

A name change usually follows a significant life change, and divorce certainly qualifies. Changing your name is a very personal decision. While women certainly may keep their married name following divorce, some choose to return to their “maiden” name. A woman who has been married for a significant length of time and may have used her name professionally may decide to keep her married name simply because it is the easiest thing to do.
Others may hesitate to change their last name because this might mean the children will have a different last name, which can get confusing. If…
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When parents divorce, life can be challenging for all those involved, particularly the children. While most parents want what is best for their children, some seem unable to resist speaking negatively about the other parent. While this is rarely productive in any way, it can be especially damaging to children. An American psychiatrist, Dr. Richard Gardner, introduced the phrase “parental alienation syndrome” in 1985, defining it as a childhood disorder arising almost exclusively during child custody disputes.
Gardner described children being “programmed” by one parent to reject, fear, dislike, or hate the other parent. Parental alienation can be…
Continue Reading Recognizing and Addressing Parental Alienation