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Recent blog posts

WKOSpousal support, also known as maintenance, is court-ordered payments one spouse pays to the other spouse after a divorce.

The 750 Illinois Compiled Statute 5/504, titled ‘maintenance’ states that  “the court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, and the maintenance may be paid from the income or property of the other spouse.”

Ordered Maintenance

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Illinois divorce attorney, Illinois family lawyer, IL legal separation lawyerA couple experiencing issues may agree to separate for a period of time rather than make the decision permanent by filing for divorce. Although legal separation and divorce are two very different things, they both affect you, your spouse, and your future.

The Illinois Marriage and Dissolution of Marriage Act - Legal Separation

According to Illinois law, any person living separate and apart from his or her spouse may have a remedy for reasonable support and maintenance while they so live apart. This is known as legal separation. Even though you and your spouse are separated, you are still married and can remain married until either of you see fit.

Couples file for separation for reasons such as:

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Illinois divorce attorney, Illinois family lawyer, Illinois abusive spouse lawyerAccording to the National Institute of Mental Health, nearly one in five U.S. adults live with a mental illness, and approximately one in 25 adults in the U.S. (11.2 million) experiences a serious mental illness in a given year that substantially interferes with or limits one or more major life activities. One of these major life activities may be divorce, adding to the complication of the situation.

The Illinois Marriage and Dissolution of Marriage Act

Filing for divorce is not an easy process. When filing, you may take one of two options: filing with “grounds for divorce” or “no-fault.” However, unlike most other states, a spouse’s mental illness isn’t grounds for divorce in Illinois.

As of the change in 2016, The Illinois Marriage and Dissolution of Marriage Act, Illinois is now a no-fault divorce only state, meaning that all fault-based grounds have been eliminated, and a claim of irreconcilable differences (an irretrievable breakdown of the marriage) is the only way to legally file. Although a mental illness issue or impairment cannot be the reason to file for divorce, it may affect the outcome of the divorce.

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Illinois divorce attorney, Illinois family lawyer, IL mediation lawyerWhen you and your spouse are in the midst of a divorce, it can be hard for the two of you to come together and make an agreement. Rather than having a judge divide aspects of your life, such as your property, businesses, and parental responsibilities, you and your spouse can explore different options. Divorce mediation is an alternative dispute resolution (ADR) technique that allows a third-party to help you and your spouse create a settlement plan. If you are interested in a more neutral approach to handling your dissolution of marriage, you should contact an experienced attorney.

How Does Divorce Mediation Work?

Mediation can only be successful if you and your spouse are willing to work together. Keeping in mind that a mediator does not have any legal authority, there cannot be any ultimatums put in place. Once the process begins, the mediator will act as an impartial, third-party moderator. By explaining laws to each party, the mediator will help both sides understand the gravity of the situation. A mediator will not provide legal advice to either party throughout the process, he or she will only moderate the session. For example, if you and your spouse cannot agree on who gets your marital home, the mediator cannot advocate for either side. Outside legal counsel may attend a mediation hearing, however, your spouse may not be willing to participate if that route is taken.

Why Should I Choose Divorce Mediation?

Allowing a third-party to moderate the division of your marriage can make the process much easier for you to manage. Having to completely change your life can already be a lot to handle, but the details attached can cause additional headaches. Coinciding with stress relief, divorce mediation can:

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property-divisionIt is well-known that divorce is extremely common in today’s society. The phrase “50% of marriages end in divorce” can make many people hesitant to say “I do”. For a period of time, divorce rates were on the rise. However, CDC data comparing divorce rates from 2000 to 2017 reveal that the divorce and annulment rate has reduced from 4.0 per 1,000 people in 2000 to 2.9 per 1,000 people by 2017. One of the best ways to keep this trend on the decline is to be aware of the common causes of divorce and avoid these triggers.

Financial Difficulties

Feeling financially unstable can add stress to a relationship and cause unrest, making it difficult to “enjoy the little things”. Couples that struggle with finances can struggle to think of anything other than the impending bills. This is often more common with younger couples struggling to get by on small paychecks. Ensuring financial stability is impossible for any couple, but remaining conscious of what is coming in and how much is going out can be beneficial for your stress-level and your relationship.

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