When people are divorcing, there are many financial concerns to contend with, including alimony or spousal maintenance. Judges in Illinois must consider whether one spouse merits receiving payments from the other spouse for any period of time during or after a divorce.

Spousal support in Illinois is generally either temporary or long-term. Temporary support may last only through the divorce process while long-term support will last much longer.

Long-term maintenance can also be fixed-term, indefinite, or reviewable. Fixed-term maintenance means a court establishes a date on which support will end, indefinite maintenance means that payments will continue unless an award is modified or terminated, and reviewable maintenance means a court will retain the right to revisit the award and modify it later.

Ending a marriage can be an especially difficult and often confusing time. Even if a divorce is the best option for you and your spouse, it can still be a challenge to navigate the process. Hiring a divorce attorney is the best way to ensure you have access to the legal support you need. Your lawyer will guide you through the divorce every step of the way and help you step into the next chapter of your life.

But how can you pick the attorney best for you? There are many different things to keep in mind. With the added benefit of modern technology and the internet, researching is made easy so you can find the right fit for your needs.

What Type Of Attorney Do I Need?

There are many different types of law that can be practiced. In the case of divorce, a law firm that handles family law is what you will want. There are many different complexities involved in marriage dissolution cases, and knowledge of family law is essential.

As a new year rolls in, many of us are looking to start the year fresh and better ourselves during 2023. Though working on yourself is always a positive thing, it can be difficult for those of us who have recently gone through a divorce. If you and your former spouse have children together, it can be especially challenging to remain positive and resilient in the new year. But with some patience and understanding, you and your former spouse can work on your relationship in a constructive manner for the benefit of your children. 

How Can I Keep Positive?

Though it may go against your instincts to talk positively towards and about your former spouse, this will have a large impact on your child’s view of the parent. Young children are highly impressionable and what you say has a big influence on how they will feel and act in the future. Illinois Courts tend to lean in favor of keeping both parents involved in children’s lives as much as possible. 

If you are looking to end your marriage, you may qualify for an annulment. Though an annulment is not the same as a divorce, it is another legal way to end a marriage. Technically, an annulment, called a Judgment of Invalidity of Marriage, asserts that a marriage was never valid to begin with. Specific requirements must be met for an annulment to be an option.

What Is an Annulment?

The state of Illinois views an annulment as the invalidity of a supposed marriage. This would mean that the marriage itself would be voided from the date of the marriage. In a divorce, the marriage is dissolved but an annulment invalidates the marriage altogether. There are only a select few circumstances that can qualify a marriage to be annulled:

• If one or both parties were under 18 at the time of the marriage, and therefore, under the legal age of consent, and did not have any consent from a guardian or the courts.
• If the marriage was illegal, such as in the case of bigamy. Illinois does not recognize polygamy and a party cannot enter a second marriage if currently married.
• If one of the parties was mentally unwell or under the influence of substances at the time of the marriage, then they can be declared of unsound mind.
• If one party can prove they were forced into the marriage by the partner.
• If the two parties are found to be closely related through blood or adoption. 
• If one of the parties was physically unable to consummate the marriage.

When Can I Get an Annulment?

There is a varied time limit with most of the conditions listed. If, for example, you have found out that your spouse is unable to have sexual intercourse after the marriage, you have one year to annul the marriage. If someone was not of sound mind or was forced into the marriage, the statute of limitations is 90 days. In the case of a minor entering the marriage, the time limit lasts until the minor reaches the legal age of consent. If you learn that your partner is already in a marriage prior to your own, there is no time limit, as your marriage is illegal. 

One of the most difficult decisions in a divorce is deciding who is granted custody over the children. If you and your spouse can reach a parenting plan outside of court, then things can remain comparatively less complicated. Oftentimes, however, a judgment must be passed within the courts to resolve the issue. There are many factors that are weighed when reaching the final decision. Having an experienced attorney in your corner is your best advantage when faced with the challenges of custody battles and divorce. 

Important Factors Courts Consider When Deciding Custody 

The Illinois Court system will typically attempt to settle for a shared custody plan for the spouses. As long as both parents can prove they have a stable home, the parenting plan will attempt to keep both parents in the children’s lives. The primary factors that the courts will look at when determining the custody can include:

• Health - The physical and mental health of the parents as well as the children will be assessed in the decision. If a parent is shown to be mentally unstable or physically unable to care for a child, then primary custody will sway towards the other spouse. Additionally, the health of the children is highly considered. Keeping up with the welfare of the children is pivotal for the judge’s decision.

• Wishes of the Children - Based on the age and mental maturity of the children, the judge will consider the child's wishes. If a child heavily favors one parent, the custody decision could sway toward a said spouse. This will not be taken without a grain of salt, of course. If the child is still very young and could be easily influenced to speak highly of one parent unfairly, the court will do its best to remain impartial. 

• Location - If one of the parents has remained in the same home the child has been living in, or another home that will keep them in the same school district, the courts will consider this heavily. Maintaining a sense of regularity and stability for the child can help them through this difficult period of change. 

• Cooperation of Parents - The parents’ relationship and ability to cooperate will also play into how custody is handled. Ideally, both parents can do what is determined as best for their child. The reality may not be as simple and the feelings toward the former spouse may interfere with a parent’s parenting ability.

Illinois Courts hope to keep both parents in a child’s life, but if a parent is deemed unfit, unable, or shown to have instances of abuse or neglect, a sole parent could be given custody.