A primary obstacle for many people seeking divorce is the potential expense. This is especially true for those who work as a homemaker and do not have an income of their own. Being a homemaker entails endless work, but it does not come with formal pay, and the prospect of hiring a divorce attorney may therefore seem simply out of the question for homemakers in Illinois. 

Fortunately, there are things you can do as a homemaking spouse to pursue divorce, even without an income of your own. You do not have to stay trapped in an abusive or untenable relationship forever. Here are some tips for stay-at-home parents considering divorce in Illinois. 

Start Preparing Now

Although you may not be earning an income, you likely have access to your and your spouse’s shared finances. Even if you do not, the time before the divorce is a great time to begin understanding what you and your spouse have in terms of assets and debts. Many resources allow you to check your credit for free, and although taking out debt may not be optimal, credit cards or lines of credit can give you access to money if you need it.

Some states divide marital property 50/50, giving both assets and debt equally to each spouse following divorce. Illinois, however, is what is known as an “equitable distribution” state. This means the law requires marital property to be divided in a way that is fair, but not necessarily equal. Many factors, such as the length of the marriage and each spouse’s future earning potential, will affect how property is divided. 

Understanding how the principle of equitable distribution is likely to affect the division of marital property in your divorce is an important part of planning for the future. In this blog, we will give a general overview of the property division process. A qualified Illinois divorce attorney can answer any further questions you have.

Preparing for the Property Division Process

Spouses who are getting divorced can make the process go faster and more smoothly by collecting necessary documents as early as possible. If one spouse is likely to make the divorce process difficult, it may be wise to obtain documents before even filing. Both spouses will need to create a list with supporting evidence that details their property and debts. This includes, but is not limited to, the following documents: 

Most parents feel that having children around for the holidays makes these special days even more magical. For parents who are going through a divorce, the prospect of not spending all the holidays with their children can be difficult to even think about. Figuring out a parenting plan that divides parenting time during the holidays might seem all but impossible. 

Parents who are struggling with this situation can take heart in knowing that many people before them have successfully managed to create parenting plans and new traditions that work well for everyone. Children will appreciate the predictability of a consistent parenting-time schedule and parents generally find that children adjust surprisingly well. If you are navigating holidays for the first time during or after a divorce, here are some tips to help ease the transition. 

Strive for Simplicity

Many parents find that it is simply easier to alternate years rather than trying to move children repeatedly from house to house for each separate holiday. The most important thing is to reduce stress for parents and children, and to adjust when necessary. Creating a schedule that is predictable and easily workable is often more helpful than trying to get exactly what you want. 

Preparing to end your marriage is a serious decision that requires careful planning and analysis. Some couples who are unsure whether the relationship is completely over consider a temporary legal separation, rather than ending the relationship with a divorce. Before you make up your mind, it is essential to understand how legal separation and divorce differ in Illinois, as well as the potential benefits and drawbacks of both.

Divorce

The most important difference between divorce and legal separation is that divorce is final, while legal separation is not. Once a couple is divorced, each partner is free to get married again. For couples who are certain that their relationship has dissolved beyond the possibility of recovery, divorce is likely the best option.

During their divorce, couples must divide financial assets and debts, and resolve important issues like child support and parenting time. This is also true of legal separation, but the divorce process also provides the option of freezing assets due to a partner’s dissipative behavior or other financial risks.

After a couple is married, combining finances, managing budgets, and running a household for many years is a very challenging endeavor and it will likely come as no surprise to most people that financial disagreements are one of the most common reasons couples in Illinois get divorced.

During the divorce process, marital assets must be divided and distributed. As with marriage, finances during divorce can be a very contentious subject. This can be especially true when one spouse is a spendthrift, has substance abuse problems, wantonly gambles, or otherwise wastes a couple’s assets. In cases like these, a temporary financial restraining order (TRO) may be necessary.

What Is a Temporary Financial Restraining Order?

Some states have automatic financial restraining orders that kick in once someone files for divorce. But in Illinois, a spouse must apply for a TRO. A TRO allows spouses to ensure the other spouse does not waste marital property during the divorce process. Many high-net-worth couples use TROs, but anyone can get one if they are filing for divorce and are worried their spouse will be reckless with finances.