Kane County Stay at Home Parent Divorce Attorneys

Divorce Lawyers for Stay at Home Parents in Elgin, Geneva, and St. Charles

Dissolving a marriage is a stressful experience for anyone, but for stay at home parents, the process can have additional worries. When one parent has left the workforce to take care of the home and family, getting a divorce can cause significant anxiety. Stay at home parents often worry about how they can take care of themselves and their children when they no longer have a spouse.

At the Kane County divorce law firm of Goostree Law Group, we are skilled in representing stay at home parents in the divorce process. Our experienced divorce attorneys provide personalized counsel and representation with a focus on protecting our clients’ rights and interests.

Marital Property and Stay at Home Parents

Stay at home parents often have anxieties around the property division process when getting a divorce. They may fear that a failure to contribute financially to the marriage will put them in at a disadvantage when it is time to divide assests. The law does not differentiate between stay at home spouses and working spouses when dissolving a marriage, however. Any assets that are acquired by either spouse during the marriage are considered marital property (with a few exceptions) and are subject to division in a divorce. Illinois is an equitable distribution state, which means that marital property must be divided fairly between both spouses.

Alimony/Maintenance and Stay at Home Parents

When one spouse has been absent from the workforce for a significant amount of time to be a stay at home parent, immediately returning to the workforce is not always a realistic option. In many cases, the income-earning spouse will be ordered to pay alimony/maintenance to the stay at home parent. In Illinois, the amount of maintenance due is determined by a statutory formula and the duration of the award is dependent on the length of the marriage. Receiving maintenance may provide the time and opportunity to gain the education and/or training to return to the workforce and earn a sustaining income. Our attorneys are experienced in arguing for the necessity of maintenance for our clients who are stay at home parents.

Child Custody and Support and Stay at Home Parents

The best interests of the child are the most important factor in deciding child custody matters. In many cases, a stay at home parent will be awarded physical custody of the child(ren), as that parent has until the divorce been the primary caregiver for the child. If that is the case, the noncustodial parent will also have to pay child support in addition to alimony. The amount is also determined by statutory formula.

If you are a stay at home parent and you are considering a divorce or currently involved in divorce proceedings, contact us at 630-584-4800 to schedule a free consultation. We will answer all of your questions and walk you through what you can expect from divorce proceedings. Our firm works with clients throughout Northern Illinois including Kane County and the surrounding areas.