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Barrington divorce attorney When going through a high-net-worth divorce, it is common for one spouse to have far greater financial means than the other. Even in a divorce between spouses of more modest means, one spouse may have been the primary bread-winner of the household. Spousal maintenance exists in order to help a divorcee who may be unable to support themselves or maintain their accustomed lifestyle on their own.

How long will the payments last? Illinois has guidelines and formulas that instruct courts on how to determine whether maintenance should be permanent or temporary and how long the payments should continue if they are temporary.

Temporary Maintenance

Spousal maintenance can be indefinite or temporary, depending on your financial situation and the duration of your marriage. Temporary maintenance may be for a fixed number of years or reviewable. With fixed-term maintenance, Illinois uses a scale that calculates the duration of the payments based on how many years the marriage lasted. For instance, if your marriage lasted for less than five years, the duration of the maintenance payments will be 20 percent of the number of years that you were married. After five years of marriage, the percentage will increase for each one-year interval until it reaches 20 years of marriage. You can also agree to receive maintenance in a lump sum after the divorce is completed.

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What Is Your Child's Best Interest During a DivorceParents going through a divorce will often hear the term “best interest of the child.” According to Illinois law, the allocation of parental responsibilities must protect the best interest of the child above all else. Responsible parents will agree on this point but may have different definitions of what their child’s best interest is. As a parent, you may argue that your child’s best interest is to spend as much time with you as possible. This may be presenting your own best interest as your child's best interest. Illinois divorce courts presume a child benefits the most when parents share responsibility. There is not a uniform parenting plan that is in the best interest of all children. Parents and divorce judges must consider each case on its individual merits.

Continued Relationships

Divorce and parenting researchers advocate for shared parental responsibilities because of the importance of children having a relationship with both parents. Following a divorce, children have lost the comfort of their familiar two-parent household. It is vital for their mental and emotional development to continue having two parents who love them and spend time with them.

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Posted on in Divorce

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Divorce mediation is a serious process that must be treated as such. When you are getting ready for mediation in a divorce case, you have to take the time to prepare for the process. This is a multi-step process that can take some time, so be sure to allow yourself plenty of time to get things ready before the first session.

You should get your financial records in order. This includes getting copies of anything that has to do with finances, including copies of debts and assets. For debts, get copies of paperwork that shows the balances and monthly payments that must be made. For the assets, you need to have current statements. This would be the case for retirement accounts, bank accounts and similar assets.

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Tagged in: Divorce Mediation
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