What Stay-at-Home Parents Need to Know About Divorce

 Posted on July 13, 2023 in Divorce

Getting a divorce can be a complex and difficult process, regardless of the situation. However, for stay-at-home parents, the divorce process can involve a variety of unique concerns and considerations. From financial concerns to child-related issues, stay-at-home parents need to be aware of their rights and options when going through a divorce.

The Importance of Legal Representation

When facing a divorce, the assistance of an experienced divorce lawyer can be crucial for a stay-at-home parent. An attorney who is knowledgeable about the ins and outs of Illinois family law can provide guidance and support throughout the legal process, ensuring that the best interests of the parent and children are protected. As a parent, your attorney can help negotiate child custody arrangements, determine child support obligations, advocate for a fair division of assets, and determine whether spousal support may be appropriate.

Child Custody and Visitation

Child custody is often one of the most significant concerns for stay-at-home parents during a divorce. In Illinois, courts make decisions about legal and physical custody based on what is in the best interests of the child. Factors such as the children's relationship with each parent, the children's adjustment to their home, school, and community, and the mental and physical health of the parents may be considered.

A stay-at-home parent will need to demonstrate their involvement in their children's lives and their ability to provide a stable and nurturing environment. Keeping records of daily activities, school involvement, and medical appointments can help build a strong case that a parent should be able to have primary or joint legal custody while demonstrating that parenting time should be allocated in a way that will allow them to provide the care their children need.

Co-Parenting and Communication

Cooperation between parents after a divorce is crucial for the well-being of the children involved. Effective communication can be essential, and parents will need to ensure that they are working together to provide for their children’s best interests. During the divorce process, parents will need to create a parenting plan that outlines the allocation of parental responsibilities and the parenting time schedules for each parent. This plan can address important aspects of raising children, such as decision-making, visitation schedules, and methods of communication. A divorce lawyer can help ensure that the parenting plan is comprehensive and meets the needs of a stay-at-home parent and their children.

Financial Considerations

As a stay-at-home parent, financial concerns are likely to be especially significant during a divorce. A parent will need to make sure they will have the financial resources to support themselves. They may need to determine whether they may need to return to work, and they can also consider other ways that they can protect their financial well-being.

One of the first steps is gathering all financial documents, including bank statements, tax returns, and investment account statements. This information will help ensure a fair division of assets and debts. A skilled divorce lawyer can help uncover hidden assets and negotiate a fair divorce settlement.

Stay-at-home parents should also be aware of their rights to spousal support, also known as alimony or spousal maintenance. In Illinois, spousal support may be awarded based on factors such as the length of the marriage, the financial resources of each spouse, and the standard of living during the marriage. An experienced divorce lawyer can help assess a person’s eligibility for spousal support, advocate on their behalf to ensure that they can receive the necessary payments, and ensure that the amount and duration of support will be calculated correctly.

Contact a Barrington Divorce Attorney for Stay-at-Home Parents

Divorce may seem especially daunting if you are a stay-at-home parent, but with the guidance and support of an experienced divorce attorney, you can make sure you are prepared to move forward successfully after the end of your marriage. At The Law Office of Nicholas W. Richardson, P.C., our Rolling Meadows divorce lawyer understands the unique challenges faced by stay-at-home parents, and we can provide the legal help needed to resolve divorce-related concerns effectively. Contact us at 847.873.6741 to schedule a free consultation. We are dedicated to protecting your rights and advocating for the best interests of you and your children.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000