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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers
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IL divorce lawyerFor many divorcing couples, it is hard to say exactly when the relationship is over. Many couples experience marital problems for months or years before they start the divorce process. Spouses often live apart or lead separate lives within the same household long before they actually file for divorce. If you are in a situation like this, you may have questions about the timing of your divorce petition. Should I file for divorce sooner rather than later? Is there a benefit to waiting to file for divorce? The answers depend on a multitude of factors, so it is best to receive personalized advice from an experienced divorce attorney.

Illinois Waiting Period for Divorce

In Illinois, at least one spouse has to be a resident of Illinois for 90 days before either spouse may file for divorce. If you and your spouse agree that “irreconcilable differences” have led to the “breakdown” or collapse of your marriage, there is no waiting period for filing the divorce petition. If your spouse disagrees with this assertion, living separately from your spouse for six months creates an automatic presumption that irreconcilable differences have caused a marital breakdown.

When You File Can Influence Child Custody, Property Division or Alimony

The date you file for divorce, or “Petition for Dissolution of Marriage,” marks the end of the marriage for the purposes of calculating spousal maintenance or alimony. The duration of Illinois alimony payments is typically based on the duration of the marriage so the longer you hold off filing, the longer your marriage will be for alimony calculations.

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IL divorce lawyerDivorce is much more common than it was in previous decades. Nevertheless, divorce can still have a profound impact on children. If you are a parent and your marriage is nearing its end, you may understandably be worried about how the separation will affect your children. You may wonder if there is anything you can do to help your kids cope with this stressful life event. Fortunately, there are many resources for parents in this situation. A good deal of research has been conducted about how children process the divorce and what parents can do to lessen kids’ emotional turmoil.

Telling Your Children About the Split

Experts agree that it is best to plan for the “divorce talk” ahead of time. Do not tell your children about the separation or divorce until you are sure of it. Sit your children down together with your spouse if possible. Calmly explain that mom and dad will not be living together. You may need to assure your children that the separation is not their fault and that they are still loved and cared about. Children have various reactions to the news of divorce. Some need space to cool off, while others need immediate hugs and reassurance.

Avoid Letting Children Hear Arguments with Your Spouse

The process of ending your marriage may be contentious and legally complex. One of the best things you can do during this difficult time in your children’s lives is shielding them from adult conversations regarding divorce. If you and your spouse need to have a difficult discussion about dividing property or spousal maintenance, try to discuss the earshot of your children. Studies show that children are deeply affected by parental arguments and fights.

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Burr Ridge child support attorney

Child support payments can be a significant expense, but they are also vital to helping unmarried or divorced parents share the costs of raising their child. Child support amounts are calculated using the Income Shares model in Illinois. Both parents’ net incomes and other factors are used to determine a fair, reasonable child support arrangement. However, circumstances can change, and a parent may need to modify a child support order, whether he or she is the paying or receiving parent.

Adjusting Child Support

Illinois child support orders are eligible for a “modification review” every three years, but this does not mean that a modification will automatically be granted. During the modification review, the parents’ financial circumstances and other information are evaluated in order to determine if a modification is necessary. Child support orders may also be eligible for modification if there has been a “substantial change in circumstances,” the child’s healthcare needs are not being met, or there is a considerable difference between the current child support order and the child support guidelines established by Illinois law.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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