There is no doubt about it: Divorce can have massive financial implications. For many, getting divorced represents a considerable financial hardship. In Illinois, divorced parents with the majority of the parenting time are typically entitled to child support. Some divorced spouses are also entitled to spousal maintenance or, as it is called in other states, alimony. You may be wondering, “Can a spouse receive both spousal maintenance and child support?”

Understanding Illinois Child Support and Spousal Maintenance Laws

Typically, divorce cases involving parents include a child support order. The amount that a parent pays depends on both parents’ net incomes. In Illinois the Income Shares Model is used to reach a child support payment amount that provides for the child’s needs without bankrupting the paying parent.

If you are like most people getting divorced, you do not want to continue to share a home with your soon-to-be-ex. Some divorcing spouses are able to stay in the same house while the divorce is ongoing, but many couples find this impossible. If your ex has become violent in the past or you fear that he or she will become violent, staying in the marital home together may be outright dangerous. Fortunately, Illinois law offers two legal avenues through which you may be able to get exclusive possession of the marital home in a divorce.

Seeking Exclusive Possession of the Marital Residence in an Illinois Divorce

Divorce can bring out the worst in people. Sometimes, a spouse refuses to move out even though that is what is best for everyone involved. If you have found yourself in this situation, you may be able to temporarily evict your spouse through a court order for “exclusive possession of the marital residence.” However, for the court to grant you exclusive possession of the home, you will need to demonstrate that:

• The mental or physical wellbeing of you or your spouse is jeopardized by you living together
• The mental or physical wellbeing of your children is jeopardized by you living together

Illinois courts typically interpret this to mean that a spouse or child is in actual danger of harm. It is important to note that getting exclusive possession of the marital home during the divorce proceedings does not necessarily mean that you will keep the house after the divorce.

If you are a divorced or unmarried parent who shares custody (now known as Parental Responsibilities) with your ex, you may have questions about moving. Each state handles child custody issues differently. In Illinois, you may need to complete certain steps and get the court’s permission to move if the move counts as a “relocation” under Illinois family law. The county in which you reside and the distance between your current home and future home impact the steps needed to move with your child. Read on to learn the answers to frequently asked questions about parental relocations in Illinois.

What is the Difference Between Moving and Relocating?

The words “move” and “relocation” are sometimes used interchangeably, however, these terms have different meanings under Illinois child custody law. If you live in Cook County, DuPage County, McHenry County, Kane County, Lake County, or Will County, any move further than 25 miles away is considered a relocation. The move is also a relocation if you move out of the State of Illinois, even if it is less than 25 miles. If you live in an Illinois county not listed above, moving more than 50 miles away is considered a relocation.

Do I Have to Get the Court’s Permission to Relocate?

If the intended move counts as a relocation, you must file a notice of relocation and inform your child’s other parent about the move. If the other parent consents to the relocation, he or she signs the notice and you file the notice with the court. The court will make any necessary modifications needed to your parenting time and parental responsibilities orders. However, if the parent does not consent to the relocation and refuses to sign the notice, you will need to get the court’s permission to move.

So you are gearing up for a wedding in Illinois – congratulations! The time before your wedding can be one of the most precious and tender periods of your life. Preparing for a wedding is an exciting and exhausting process, and it is easy to let things slip through the cracks. Despite having so many things to do, one crucial thing that all couples should consider before they tie the knot is the value of a prenuptial agreement. 

Nobody wants to think about their marriage ending before it begins, and some people are reluctant even to discuss a prenup with their fiancé. However, there is a way to frame a prenup that could be considered gentle and even romantic: You love your fiancé so much that, starting right now, you are going to protect their interests – even if you separate later. 

A prenuptial agreement is the best way to protect your premarital assets and interests and can help you, and your spouse navigate a divorce with far less conflict in the future. Here are some things to consider as you contemplate whether you want a prenup:

Marriages start out with high hopes and good intentions, but people are unpredictable, and some problems cannot be foreseen. Many people have heard the term “annulment” and believe it is an easy alternative to divorce for ending a marriage that recently took place, but this is not so.

From a legal perspective, in Illinois, an “annulment” is legally referred to as a “declaration of invalidity of marriage.” For the sake of brevity, we will refer to a declaration of invalidity of marriage as an annulment as we explore the difference between a divorce and an annulment and when one may be more appropriate than the other. 

When Can a Marriage Be Declared Invalid?

An annulment is a court order that says a marriage is not and never was valid and should therefore not be considered legal by the state. A divorce, by comparison, is a court-ordered ending to a valid marriage.