Common Divorce Priorities for Stay-At-Home Parents in Illinois

 Posted on October 14, 2020 in Illinois Divorce

Divorce can be difficult for anyone, but it may be especially devastating for stay-at-home parents, who devote their time and energy every day to the care and well-being of their family. As a stay-at-home parent, you may be concerned about how the divorce will impact your children, as well as how you will support yourself without the income of your spouse. As you prepare for your divorce and life moving forward, it is crucial to identify your priorities so that you can focus your efforts on the issues that are most important to you.

Divorce Issues Affecting Stay-at-Home Parents

Certain aspects of the divorce process may be especially important for stay-at-home parents. You may find it beneficial to keep the following at the forefront of your mind:

• Spousal maintenance: Spousal support is not guaranteed in an Illinois divorce, but you can make a case for your need based on a variety of factors. Stay-at-home parents often do not have a steady income of their own, and they may not have the work history or education necessary to solidify their individual earning capacity immediately after the divorce. Stay-at-home parents can also sometimes argue that they should receive support because they have made sacrifices in their own careers for the good of the family and the career of their spouse

• Possession of the marital home: Stay-at-home parents often have a strong attachment to the family home where they spend most of their time, and you may find it important to keep possession of the home after your divorce. Illinois requires that divorcing couples fairly distribute all marital property, including the home, but you may be able to work out an agreement with your spouse that leaves the home in your name if you are willing to cede your share of other assets. However, if there is still a mortgage on the home, you will need to ensure that you have the resources necessary to make the monthly payments on the outstanding balance.

• Parenting time and parental responsibilities: With so much of your life invested in your children, it is only natural that you would prioritize their interests in your divorce. Whenever possible, you should try to work with your spouse to reach an agreement that meets your children’s needs and allows you to co-parent effectively. You may be able to negotiate for a greater share of parenting time based on the fact that your children are accustomed to spending more time with you throughout the week.

Contact a Kane County Divorce Lawyer

As a stay-at-home parent, you may need a strong advocate during the divorce process to protect your interests, and at Weiler & Associates, Inc., we are here to help. When you work with us, you will have someone on your side from beginning to end. Call our compassionate St. Charles family law attorneys today at 630-331-9110 to learn more about your rights before, during, and after the divorce is finalized.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7

https://www.huffpost.com/entry/divorce-and-the-stayathom_b_1102453