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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers

hinsdale spousal maintenance lawyerFormerly known as alimony, spousal maintenance is financial support that must be paid from one spouse to another following a divorce. The unique circumstances of each case determine which spouse is responsible for paying the maintenance and how much and for how long payments must be made. 

Spousal maintenance can be one of the most complex and high-conflict parts of a divorce. The paying spouse often feels as though they are being taken advantage of, and the receiving spouse often feels as though the time and effort they put into the marriage are not sufficiently compensated. 

Regardless of whether you are the paying or receiving spouse, spousal maintenance payments can be subject to change based on a change in your circumstances. In this article, we will address the circumstances in which payments may be modified or terminated, as well as how you can request a modification. 

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IL divorce lawyer Change of Venue

The spouse who files for divorce has the right to choose where to file his or her petition. Once the petition is filed in a certain county, unless there is a change of venue, the divorce proceedings will take place in that county. 

Spouses getting divorced are not necessarily obligated to accept the initial venue. If your spouse has already filed for divorce, you have the right to file for an objection to their venue, and doing so may benefit you in a number of ways. 

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IL divorce lawyer Spouses with Addictions

Substance abuse can have a devastating effect on marriages and families. Millions of Americans suffer from an addictive disorder, and the social isolation of the last year and a half has triggered a massive increase in substance use and abuse. 

Other kinds of addiction can wreak havoc on a family as well. Compulsive spending, gambling, pornography use, and even compulsive overeating can strain a couple’s relationship to the breaking point. Addiction does have an impact on the divorce process, so if you are considering divorcing a spouse struggling with addiction, protect yourself by keeping the following things in mind: 

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IL divorce lawyerIn a high conflict divorce, it is common for spouses to disagree about who should have parental responsibilities and parenting time. Where the child should live, who the child spends certain holidays with, and who has the right to make important decisions for the child are all issues about which parents commonly disagree.

Unfortunately, children often get caught in the crosshairs of parental hostilities. Although parents may feel entirely justified in their reasoning for wanting custody of the child, the child’s best interests are often neglected in light of the parents’ disagreements. 

What if Co-Creating a Parenting Plan is Impossible? 

One consequence of this is that spouses may struggle to compromise on a parenting plan. A parenting plan is an agreement that addresses who has decision-making authority (“parental responsibilities”) and who gets to spend time with the child (“parenting time”). Ideally, parents will be able to create a parenting plan on their own through communication and compromise, but when they fail to do so and mediation has also failed, their case will go to court. 

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IL divorce lawyerRaising children is an important, difficult, time-consuming endeavor. When a couple gets married and wants to start a family, it is common for them to decide on an arrangement in which one spouse works outside the home and the other spouse stays at home with the children.

Although this arrangement may work well for some families, one common concern for homemakers is what will happen to them in the event of a divorce. The homemaking spouse has often given up many years of being in the workforce, and so has not only given up those years’ worth of income but also the time he or she would have spent building up their career.

Homemakers and Spousal Maintenance

Formerly known as “alimony,” spousal maintenance is payments made from one spouse to the other following the divorce. Spousal maintenance payments are separate from the asset division that takes place during the divorce, although they will likely be affected by the way that asset division takes place. Some of the other factors that affect spousal maintenance are:

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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