Spousal maintenance is one of the most misunderstood aspects of the Illinois divorce process. While the division of marital assets is a part of all divorces, and child support is a part of all divorces involving minor children, spousal support is much more situational. You may be able to secure spousal support through a prenuptial agreement or a divorce settlement agreement with your spouse. However, if you cannot reach such an agreement, you will have to demonstrate to the court that maintenance is warranted in your case.

Temporary Maintenance During the Divorce Process

Your need for financial support may begin as soon as you and your spouse separate and the divorce is filed. This is especially true if you do not have easy access to your marital assets. You can pursue temporary maintenance by filing a petition with the court that has jurisdiction over your divorce. 

Along with your petition, you will need to file a financial affidavit and any relevant evidence that shows your limited income and resources. This evidence may include recent tax returns, pay stubs and other income statements, and statements from any bank accounts that you have access to. You might also include evidence of your regular expenses. Your affidavit and supporting evidence will be the primary basis for the court’s decision as to whether to grant temporary maintenance, and if so, how much maintenance to grant.

An often-overlooked challenge for families who have been through a divorce is adjusting their holiday celebrations. Holidays after a divorce can be emotionally difficult, as they may be a reminder of happier times. They can also be logistically difficult, as parents must decide how to allocate time and arrange for exchanges and transportation fairly.

Summer holidays like the Fourth of July, Memorial Day, and Labor Day may not carry as much importance as other holidays throughout the year, but they are still valuable times for parents and children to enjoy each other’s company. With this in mind, you should consider what you can do to make sure the summer holidays are still enjoyable for the whole family.

Create a Solid Parenting Plan

A parenting plan should not only include a regular parenting time schedule throughout the year, but also specific considerations for holidays. Illinois provides a statewide form to guide parents in the creation of a parenting plan, and this form offers various options for sharing the holidays. You and your co-parent may decide to alternate certain holidays every other year, or you may wish to create a more customized arrangement. For example, your plan could stipulate that one parent has the kids from Friday evening through Sunday morning of the Fourth of July weekend, while the other parent has the kids during the day on Sunday and into Monday.

Divorce can be tough on everyone involved, including your children. Your kids may be afraid that their family is falling apart and that they are partially to blame. As a parent, it is important to make your kids’ happiness a priority and do everything you can to help them through this stressful ordeal. 

Here are a few tips for raising happy kids during and after your divorce.

• Reassure your kids that the divorce is not their fault. Unfortunately, many kids assume that their parents’ divorce is their fault. They may believe that if they had behaved better, their parents may still be together. That is why you should repeatedly tell your children that your divorce had nothing to do with them. Explain that you and your ex no longer get along, but that you still love them very much.

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For divorcing couples interested in resolving their divorce amicably and with minimal involvement of the court, mediation is often a viable method of alternative dispute resolution. Even in a contested divorce, the court will sometimes order the spouses to attempt mediation to resolve some of their agreements. Whether you are preparing for mediation voluntarily or by court order, it is important to know what to expect, including whether it is a good idea to hire an attorney for the process.

Mediators and Attorneys Play Different Roles

In mediation, you and your spouse will meet with a trained mediator who will help you reach an agreement on the various aspects of your divorce resolution, including property division, spousal support, child support, and the allocation of parental responsibilities and parenting time. Many mediators are also licensed attorneys who have a thorough understanding of the laws governing divorce proceedings in Illinois. However, their role in the mediation process is not to provide legal advice or advocate on behalf of either party. Rather, they must remain neutral and impartial, helping the parties identify common ground and make progress toward an agreement on their own terms.

A divorce attorney, on the other hand, is a representative for one of the parties. If you hire an attorney, they represent you alone. Their role is to advocate for you and your interests throughout the divorce process, whether in amicable negotiations or contested litigation. Your attorney can also provide you with qualified legal advice and help you fulfill all legal requirements to finalize your divorce. Importantly, an attorney cannot represent both spouses even in an uncontested divorce, as this would create a conflict of interest.

In Illinois, minor children and disabled adults sometimes require court-appointed guardians to help them take care of their regular needs and manage their finances. Guardianship cases are handled in probate court, and they can involve many complicated issues, including competing claims and questions as to whether guardianship is necessary. In order to prepare for these complications, it is important to understand the fundamental issues at hand—namely, who will serve as guardian of the person and guardian of the estate.

Guardianship of the Person in Illinois

A guardian of the person is responsible for the person’s care. In a minor guardianship case, the guardian of the person has many of the same duties as a parent, including making sure the child has adequate food, clothing, and shelter; providing for the child’s hygienic and medical needs; taking responsibility for the child’s education and extracurricular activities; and making important decisions regarding all of these matters. A guardian of the person may be appointed for the short term, perhaps if the parents are temporarily unable to care for the child, or for the long term, perhaps after the parents’ death or abandonment of the child.

The duties of a guardian of the person in an adult guardianship case are similar, including the responsibility to provide for the ward’s care and health and the authority to make decisions in their best interests. Sometimes, the guardian is also responsible for caring for the ward’s minor children. However, the extent of the guardian’s responsibilities is determined based on the ward’s needs. For example, a ward could be mentally capable of making their own decisions, while requiring the guardian’s assistance with their physical care.