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The Foray Firm

Modifying Maintenance Orders After Your Illinois DivorceFor many people, a divorce is a new start to their lives. The finalization of a divorce is a cause for celebration, especially considering how long and difficult the divorce process can be. Though you may want to forget that your former spouse exists after your divorce is over with, you may never truly be 100 percent separate from him or her, especially if you have children together. Many divorces will end with certain child support, spousal maintenance and parental responsibility orders being given, but that does not mean they are permanent. In some cases, you may need to revisit these issues and come to a new agreement. If this happens, you will have to petition for an order modification.

Factors Considered for Maintenance Modification

Either spouse – the payer or the receiver – can request to have spousal maintenance orders modified. Maintenance orders will be modified only if there is a significant change in circumstances to either spouse’s situation. In order to determine whether or not a modification is called for, the judge will look at a variety of factors, including:

  • Any change in employment status of either spouse and whether or not that change was made in good faith;
  • The efforts made by the receiving spouse to become self-supporting;
  • Any impairment of the present and future earning capacity of either spouse;
  • The tax consequences of the maintenance payments for each spouse;
  • The duration of the maintenance payments paid in relation to the length of the marriage;
  • The property awarded to each spouse in the divorce;
  • The increase or decrease in each spouse’s income since ordering the maintenance payments; and
  • The property acquired and currently owned by each spouse.

The factors used during the initial maintenance determination will also be considered when a modification to the maintenance order is requested.

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Will County spousal support attorney

Getting spousal support is not guaranteed in any Illinois divorce. Before a judge decides to award spousal maintenance to either spouse in a divorce, you must prove that there is a reasonable need for you to be awarded support. Getting a divorce can sometimes leave one spouse in a worse financial situation than the other spouse, and the income of each spouse is often used as one of the main driving forces behind the decision to award spousal maintenance. Spousal support is used as a way to help a financially dependent spouse eventually become financially independent, which is why not all divorce cases require spousal maintenance. 

Factors for Consideration

Illinois law states that there are certain factors that judges must consider in order to award spousal maintenance to one spouse. These factors include:

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Three Tips for Reducing the Stress of Your Illinois DivorceIf you are going through the divorce process, you know that it can all begin to feel like a full-time job some days. That feeling can be exacerbated if your spouse is especially combative, your children begin to feel the effects of the divorce or you worry about how things will turn out. Even though your divorce can be extremely stressful, the important thing to remember is that it will all be over at some point and you and your children will be happier and thriving. Getting through the divorce is the hard part, so here are a few tips for helping you to cope with the stress of your divorce:

  1. Allow Yourself to Feel What You Are Feeling: As much as you would like to be a superhero, you still have to deal with your feelings and emotions. During a divorce, you may feel a plethora of emotions – anger, disgust, hate, contempt, sadness and even depression. The important thing to remember is that all of these emotions are completely normal and allowing yourself to feel them is the first step towards moving on.
  2. Take Care of Yourself: Some days you may not feel like doing much or even getting out of bed. While it is much easier to wallow in your self-pity, taking care of yourself physically, mentally and emotionally is a better way to cope with your stress. Make sure you are eating right, drinking plenty of water and exercising regularly. Feeling physically good can help you feel good all over.
  3. Surround Yourself With Friends and Family: Another thing that you should avoid doing is isolating yourself from others. Having a support group in place is a blessing that can really come in handy. Surround yourself with all of your friends, family, coworkers, and other acquaintances so that you have people you can talk to. Sometimes, it can help to talk to a professional counselor or psychologist who can work with you to organize your thoughts and feelings.

Get Help From a Compassionate DuPage County Divorce Lawyer

At The Foray Firm, we understand how difficult a divorce can be on you and your entire family. Our job is to help you through the divorce by ensuring that your rights are protected and making the process as simple as possible. Let our skilled Bolingbrook divorce attorneys help you with all aspects of your divorce, from property division to the allocation of parental responsibilities and child support. To learn more about how we can help you, call our office today at 312-702-1293 to set up a consultation. 

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Joliet parenting plan attorney

Divorcing with children is difficult for many different reasons. In addition to typical divorce issues like property division and spousal support, couples with children also have other issues to settle, such as who the children will reside with and when, who will pay child support, and who will be able to make certain kinds of decisions about raising the children. Once you have decided that you and your spouse are getting a divorce, you must then take on the sometimes daunting task of telling your children about the upcoming change in your family’s life. Here are three tips to help you break the news to your children:

1. Tell the Entire Family All at Once

One important thing to aim for is making sure you discuss your divorce with all of your children at the same time. It is often the case that parents tell the oldest child first and then shelter the younger ones in an attempt to protect them. While this may seem wise, it is unfair to the older child to have to keep that secret, and it is sending the wrong message to the younger children that they cannot handle the situation.

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DuPage County divorce asset division attorneyWhen you are married, your assets become intertwined with your spouse. This can be a good thing that brings much convenience as a married couple, but it can become a huge nightmare if you get a divorce. Before your divorce can be finalized, you and your spouse must come to an agreement over many things, one of them being who gets what property. If you and your spouse cannot come to an agreement on your own, a judge may have to intervene. He or she will follow a specific set of guidelines that are contained in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) when determining how to divide marital property.

Marital vs. Non-Marital Property

Before anything can be split up, it must be determined what is and is not subject to division. According to the IMDMA, any and all property, including debts and other obligations acquired by either spouse during the marriage, is marital property and is subject to division. Non-marital property is not subject to division in a divorce and includes:

  • Property that a spouse acquired by gift, legacy, or descent or property acquired in exchange for that property
  • Property acquired by either spouse before the marriage or property acquired in exchange for that property
  • Property acquired by either spouse after a legal separation
  • Property excluded as written in a prenuptial or postnuptial agreement

Factors to Consider in Property Division Decisions

Once it is determined what is considered marital or non-marital property, then the judge will distribute the marital property between the two spouses. The judge is not allowed to make decisions based on marital conduct, but will consider, among other relevant issues, the following factors:

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