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Recent Blog Posts
Will I Have to Pay My Spouse’s Student Loans if We Get Divorced?
Student loan debt presents an outsized portion of overall American debt. As of September 2021, Americans collectively owe more than 1.6 trillion dollars of student debt. The average debt per person is at an all-time high of nearly forty thousand dollars, while those who hold advanced degrees often owe enough money in student loans to buy an entire house.
For many couples, one or both partners obtaining college degrees promised a brighter future for their marriage and family. Whether or not this education actually resulted in better career prospects, the debt must be paid. This leaves many young couples wondering, "If we get divorced, will I have to help my spouse pay for their student loans?"
Are Student Loans Considered Marital Property?
If a spouse incurred student loan debt before getting married, this debt will almost certainly be considered non-marital debt and will not be divided in a divorce. But if a spouse accumulates debt of any kind during the marriage, it is generally considered marital property. This is true whether the debt is a mortgage, credit card debt, or student loans - even if only one spouse applied for the debt.
How Can I Get Divorced if I Cannot Afford to Move Out?
Divorce is a notoriously expensive process. Even if spouses in Illinois are able to afford their own attorneys, figuring out how to live in separate households may be a financial non-starter. The cost of supporting yourself in a separate apartment, and maybe paying spousal maintenance and child support on top of that, may be out of reach. Yet when the relationship is over, it is over. Illinois allows spouses to get divorced without a waiting period, even if they still live together, but the ability to get divorced is not the same thing as moving out and starting your own life again. Spouses who want a divorce but cannot afford to move out have to get creative when beginning their formal separation.
Understand “Separate and Apart”
Illinois does have a six-month waiting period of living “separate and apart” between filing for divorce and completing the process, but this only applies when one spouse does not agree to the divorce. If a spouse is uncooperative, living separate and apart for six months satisfies the criteria for “irreconcilable differences” that permits a divorce to be finalized.
I am a Stay-at-Home Mother - How Can I Afford Divorce?
A stay-at-home mother makes significant career sacrifices so they can do the neverending work of raising children and caring for a home. After years of no paid vacations and very little downtime, they may find themselves having worked hard but still unsure how to pay for a divorce. Stay-at-home mothers often remain in untenable situations for too long because they do not know how to get out.
Illinois law recognizes that such a situation could arise for homemakers. That is why Illinois allows for interim spousal maintenance (formerly known as “alimony”) that can help support the stay-at-home spouse during a divorce. With effective legal representation, you can get divorced as a homemaker.
File for Temporary Spousal Maintenance
Courts want to recognize and encourage the efforts of mothers who do the important work of childrearing. The Illinois Marriage and Dissolution of Marriage Act allows spouses to petition for temporary financial support by filing a motion and providing a financial affidavit that details the mother’s financial situation. This includes both spouse’s incomes, if applicable, expenses, and savings.
My Illinois Divorce Order is Unfair. Can I Request a Modification?
The unpleasant truth about divorce orders is that neither spouse is entirely satisfied with the results. Compromise, negotiations, and a reduction in parenting time with children practically guarantees that nobody is going to get everything they want.
Anticipating this, Illinois courts have made it difficult to modify divorce orders except in certain circumstances. This article discusses when a divorce order may be modified, which parts of the divorce order may be modified, and what you can do if you believe your divorce order merits a second look.
When Can A Divorce Order Be Modified?
Unless there was an error on the part of the courts in interpreting or applying the law to a couple’s circumstances, divorce orders generally cannot be modified until at least two years have passed since the original order was finalized.
Failing to abide by the terms of a divorce decree can result in substantial legal penalties for the violating party. Until a divorce decree has been formally modified, both parties are required to abide by its terms no matter how unfair they may believe it is.
Talking to Children About Divorce
Deciding to get divorced is one of the most challenging decisions Illinois parents can make. This is especially true when they share children. Parents who have decided to get divorced may worry about the short- and long-term impacts of divorce on their children, beginning with the initial conversation when they break the bad news.
Even though divorce is never easy, there are strategies for handling conversations about divorce that can make the process much easier for children. In this article, we will discuss three tips for parents who want to talk to their kids about divorce in a healthy and productive way.
Have the Conversation Together
Although parents may want to give each child their side of the story, this approach is not age-appropriate. Instead, parents should talk together first and decide how to tell the children using supportive and honest language. Parents do not need to get into the details of their breakup, but should tell their children more generally that they cannot get along or do not want the same things.
How Are Divorce Orders Enforced in Illinois?
Once a divorce decree is finalized, issues such as spousal support, child support, and a parenting plan are finalized as well. Whether parents are satisfied with the terms of the divorce decree does not matter; until and unless the decree is modified, the original decree is legally binding.
Unfortunately, some people who are dissatisfied with the terms of their divorce decree decide that they will flout some or all of it. They may refuse to pay support or to let the other parent visit the children. Fortunately, Illinois provides consequences for failing to obey a divorce order, and an experienced family law attorney can help you pursue enforcement.
Can I Record Conversations with My Spouse During Our Divorce?
Divorces in Illinois are often hostile affairs, and former spouses may find it hard to be on their best behavior. In an effort to catch a moment of abuse or admission of guilt, spouses may attempt to record each other and use the recording for leverage later in the divorce. The ease with which modern technology allows us to record conversations can make it very tempting to do so.
However, recording a phone conversation in Illinois without the consent of both parties is illegal and the individual making the recording is engaged in a strategy that can backfire on them by risking serious legal consequences.
When Can I Record a Conversation with My Ex?
Illinois is an all-party consent state, meaning that, with very few exceptions, everyone on the call needs to know they are being recorded for the recording to be legal. This is true whether the call is just a regular phone call or takes place over a video platform. Recordings that are made “surreptitiously,” using deception, secrecy, concealment, or stealth, are violations of the Illinois eavesdropping law.
Do Both Parents Pay for a Child’s College Expenses After Divorce?
It is no secret that college is an enormous expense, sometimes reaching well into the six-figure range. Gone are the days when a student could work through summer and afford college in the fall. The rising cost of college leaves many parents wondering: How will we pay for it? Divorced couples have the additional challenge of figuring out which parent will pay for what part of their child’s college expenses, and often must plan far into the future in order to address these issues.
College Expenses in a Divorce Settlement
Many divorce settlements contain provisions stipulating who will pay for the costs of college. Parents must consider and discuss their current and future income, other financial resources (such as contributions from grandparents), and any resources the child is likely to get from grants, loans, or education savings accounts. When these issues are not specified in a divorce order, and parents cannot come to a resolution on their own, the issue may be resolved in an Illinois court.
What Can I Do About My Ex Alienating Our Child From Me?
Getting along with your ex during and after an Illinois divorce can be challenging. Unfortunately, sometimes parents will be so upset after a divorce that they deliberately influence their child’s perspective of the other parent, using tactics such as belittling, criticizing, interfering with contact, and undermining the child’s relationship with the other parent. If you are the recipient of this behavior, read on to find out what you can do.
Is Parental Alienation Real?
Illinois law deliberately rejects the term “parental alienation syndrome,” because it is too subjective for practical purposes. However, the law does recognize that certain behaviors might be considered alienating and can be detrimental to the child’s health and wellbeing.
It is important to take alienating behavior seriously. A child does not have the experience or maturity to understand adult conflicts and can feel ashamed and responsible for their parents’ negative emotions. In addition to the harm this does to the child’s wellbeing, sometimes alienating behaviors can have a permanent effect on the long-term relationship between a parent and child.
What Happens When a Parent is Falsely Accused of Child Abuse?
Child abuse and other forms of domestic violence are real and serious threats that affect millions of Americans every year. Sadly, in Illinois alone, it is estimated that thousands of children are neglected or abused each year.
Unfortunately, some parents use the seriousness of abuse charges to attempt to revoke parental responsibilities from a child’s other parent. This may stem from misunderstandings based on different disciplinary approaches, knowing exaggerations, or outright lies. Whatever the reason behind the accusation, you need to know your rights and what you can do to protect yourself and your relationship with your child.
Is DCFS Involved?
If you have been accused of child abuse, you may be contacted by the Illinois Department of Children and Family Services (DCFS). DCFS must take every allegation of abuse seriously; therefore, even if the accusations against you are untrue, you may have to deal with a formal investigation.
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