Divorce rarely comes as a surprise and is often a decision that is made by both spouses after months, or even years, of conflict. Unfortunately, most divorcing couples can see their marriage coming to an end as time goes on. Though this may be difficult to accept for some, most spouses have come to terms with their divorce before contacting an attorney for help. For those who see their marriage coming to a close, it is important to financially prepare for your future. It is no secret that divorce can be an expensive legal process, but with proper preparation, you can be fully prepared for the start of your single life before signing any legal documents.

Re-creating Your Budget

Many families have a budget that they work with on a monthly basis. Whether it is typed up on a spreadsheet or simply an estimate in the back of your head, this budget will have to be revamped for those going through a divorce. This budget may look different during your divorce to accommodate for any legal or court fees that you may incur during the divorce process. Having an idea of a post-divorce budget is a good way to start your new life. In most cases, this budget cannot be nailed down until after you and your divorcing spouse have discussed spousal and child support payments as well as the division of assets.

Updating Official Records

In the midst of a divorce, it can seem overwhelming when you realize the number of legal and financial documents that need to be changed. With the help of your attorney, adjusting this paperwork can be done much easier. This may include contacting your workplace to notify them of your changing marital status so that they update your insurance and 401(k) plan. If you have a will and/or powers of attorney, you will need to be sure that your former spouse is removed from them immediately. Many forget this step and do not realize it until they are in the midst of an emergency situation.

Many have heard the word “prenup,” but “postnup” has not received nearly as much coverage. Prenuptial agreements are typically discussed in the news as wealthy celebrities tie the knot, yet many have never heard the term postnuptial agreement. In the past, prenups have been “reserved” for the rich and disregarded by the average American. The tides have turned as millennials have changed the average age for marriage. Now that newlyweds have been getting married at a later age, they often have larger savings accounts and more to lose in the instance of divorce. Prenups are a good safety net for any married couple, and postnups have begun to rise in popularity as well. Understanding the difference between the two and knowing their benefits is information that every couple should take the time to learn about before signing on the dotted line.

Is One Better Than the Other?

As is evident in the name, prenuptial agreements are completed before the marriage, while postnuptial agreements are formulated after the couple has already said, “I do.” Prenups allow marrying couples to outline their assets and properties, explaining how they would be divided in the instance of divorce. This is important for couples who have large assets as well as those who have small savings accounts. Every asset and property will be divided during a divorce, so even small savings accounts could help you get back on your feet.

Postnups allow married couples to do the same thing as prenups; however, they can sometimes be more helpful. Because prenups are signed before the marriage is official, some of the terms being outlined on the agreement can seem abstract. Because things change after you get married, postnuptial agreements can feel more realistic and concrete. Postnups allow you to divide your current assets in the case of divorce. After getting married, the life you built together will include significantly more finances and properties than you had beforehand. A postnup allows you and your spouse to divide these between the two of you however you see fit. While it may seem odd to plan your potential divorce after years of marriage, it can often soothe the mind of each spouse, knowing that the division of the life they built together could be under their control if necessary.

Relocating your family to a new environment can play a role in your divorce proceeding or come up after the ink has dried on your divorce papers.

Although you believe moving your child 500 miles away from where your divorce occurred will be good for them, the court and your child’s other parent may not agree.

In Illinois, the parent with primary parenting time does not need court approval to move with their children if the other parent does not object or the move is within 25 miles of their current residence in Will, Cook, DuPage, Kane, Lake or McHenry counties. For other counties, the limit is 50 miles. Any move outside of those set mile ranges must be filed by written notice and approved by the court.

In Illinois, child support stops once the child turns 18 or when they have graduated high school – whichever happens later. Under Illinois divorce law, the court may order a parent to help pay for a child’s college expenses after child support has ended if the child is planning to continue their education. Although child support is required to be paid even for parents who never got married, Illinois does not require college expense payments to be made. If your child is planning to go to college, it is important to consult with a knowledgeable family law attorney to file a petition for college expense payments to be granted to your child since it will not automatically go into effect.

College Expenses

A support order can include several expenses related to college, such as:

• Registration and application fees
• Tuition
• Room and board (on or off campus)
• Educational fees
• Medical and dental insurance
• Books
• Travel to and from school
• Additional expenses

If the court grants college expenses to be paid, child support continues under the Illinois “college expenses” law that applies to non-minor children. 

When parents are in the middle of a battle over the allocation of parental responsibilities, the state of affairs can be intense. In some cases, the parenting dispute can result in one parent taking the child without the consent and knowledge of the other parent or the court. Despite their status as a legal parent, this still qualifies as “kidnapping” or “child abduction” and can turn a civil case into a criminal case with harsh consequences for the offending parent.

Child Abduction

Kidnapping is a felony in Illinois, and a conviction can result in fines, probation and jail time. An individual will be charged with child abduction when he/she does one of the following: