Spousal Support Lawyers Near Me
Spousal Support Lawyers Near Me
Spousal support or maintenance, historically known as alimony, has long been ingrained into our society. English courts imposed this allowance upon couples who legally separated (back when divorce wasn’t legally permitted). The courts upheld that even if the couple was no longer cohabitating, the husband still had a duty to support the wife.Â
The concept of alimony carried over into modern American family law. Not only was it a way to support the dependent spouse, but it was also sometimes used to provide damages to the spouse who sustained emotional pain during the marriage, such as through infidelity. While the way society views alimony and the reasons it’s awarded has changed, it is still a part of family law. . If you have questions about this topic and how it might impact your separation or divorce. In that case, it’s best to contact spousal support lawyers near you.
Who is Entitled to Receive Alimony?
Today, spousal support can be awarded to either spouse. An award of spousal support hinges on your financial circumstances, not your gender. If the divorcing spouses can’t reach an agreement regarding spousal support, the judge will consider many statutory factors to determine if alimony should be awarded. These factors include:
- Each spouse’s earning capacity
- The duration of the marriage
- The assets owned by each spouse
- The standard of living established during the marriage
- Whether the parties had a shared business
- Each party’s contribution to the relationship, such as if one spouse stayed home to raise kids or put their career on hold while the other advanced their education and career
- If there was a prenuptial agreement addressing spousal support provisions
- Various other factors, such as the physical and mental health conditions of each spouse
In addition, some factors can automatically disqualify a person from receiving spousal support, such as a history of abuse or certain charges on their criminal record. Experienced spousal support attorneys near you can help determine if you might qualify to receive spousal support.
Can Spousal Support be Modified?
Spousal support orders issued by a family court judge are considered final and enforceable under Illinois law. However, they can sometimes be changed if there are unique or special circumstances that arise later on. For example, suppose one spouse is receiving support payments and moves in with another partner who begins supporting them financially. In that case, they will likely lose their alimony payments. Another example is if the paying spouse is experiencing extreme financial hardship. Spousal support can also be terminated for various other reasons. If you have concerns about your alimony check being reduced or don’t believe you should be paying spousal maintenance anymore, it’s time to reach out to knowledgeable spousal support attorneys near you for help.
Searching for Spousal Support Attorneys Near You? Goodman Law Firm is Here to Help
Spousal support is one of the most critical issues in many separations and divorces. If you should receive such payments, you want to make sure you receive what is fairly yours, according to the judge. If you will pay alimony to your ex, you likewise want to be sure you don’t pay more than what is fair. We can help no matter if you anticipate having to pay spousal support or will be the one receiving it. Contact us today to schedule your confidential consultation, and let us answer your most pressing questions.
FAQs About Divorce in Illinois
What should I do if I have been served with divorce papers?
If you have received service of divorce papers, contact an experienced divorce attorney to review the documents, understand your rights, and plan your next steps. Time is critical in divorce proceedings, and having skilled legal counsel from the start can make all the difference.
How can I prepare for my initial consultation with a divorce attorney?
Bring documents such as financial records, prenuptial agreements, and a list of any questions you have. Be prepared to discuss your relevant goals and concerns openly and honestly. The more information you provide, the better we can assess your situation and develop a strategy that serves your best interests.
How are collaborative law, mediation, and negotiation different?
- Collaborative law is a structured process where both parties and their attorneys commit to resolving the divorce without going to court. It involves open communication and cooperation, with the goal of reaching a mutually beneficial agreement.
- In mediation, a neutral third-party mediator facilitates discussions to help divorcing parties reach a mutual agreement. Rather than making decisions, the mediator guides the negotiation process toward productive outcomes.
- Negotiation involves discussions between the parties directly or their attorneys to settle divorce terms. Unlike mediation, there is no neutral third party.
What should I expect during the divorce process?
The process typically involves filing for divorce, exchanging information, negotiating terms, and finalizing the agreement. If negotiations fail, courtroom litigation will become part of the process.
What happens if my spouse refuses to cooperate during the divorce?
If your spouse is uncooperative, the court may have to intervene to resolve disputes. At Goodman Law Firm, our attorney has experience in handling contentious cases and will advocate for your interests even in circumstances where spousal cooperation is limited.