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Recent Blog Posts
Can I Leave Divorce Mediation Before It Is Finished?
In most cases, you can leave divorce mediation before it is finished. Whether you should depends on the situation and what happens next if you do. Mediation is generally a voluntary process, and you cannot be forced to stay or reach an agreement. But walking out early can have consequences for your case and how the judge sees you. If you are going through mediation in 2026 and feeling uncertain about whether to continue, the St. Charles, IL divorce lawyers at Shaw Sanders, P.C. can help you figure out the right move for your situation.
What Is Divorce Mediation in Illinois?
Divorce mediation is a process where a neutral third party, called a mediator, helps both spouses work through the issues in their divorce and try to reach an agreement on their own terms. The mediator does not make decisions for you. They guide the conversation and help both sides communicate.
How Much Alimony Will I Need to Pay in Illinois?
Alimony, known as spousal maintenance or support, is set on a case-by-case basis in Illinois divorces. When spousal support is ordered, Illinois courts use a specific formula to calculate how much one spouse will pay the other.
If you're wondering what you might owe in your 2026 divorce, a Kane County, IL family law attorney can help you understand what factors will affect the amount and if you will even have to pay at all.
Who Has to Pay Alimony in an Illinois Divorce?
Spousal maintenance is not automatically ordered in every Illinois divorce. A judge first decides whether maintenance is appropriate or necessary under 750 ILCS 5/504. Factors that can determine whether spousal maintenance is ordered include:
Signs You and Your Spouse May Be Good Candidates for a Trial Separation
Divorce and legal separation are both official legal processes. They have specific terms and conditions and are backed by court orders. A trial separation, however, is much less formal. There is no court order dictating the terms of a trial separation.
"Trial separation" isn’t an official legal term, but it conveys the idea of an intentional, thought-out break. For couples who are struggling but unsure if they should officially separate or divorce, this can be a good way to get some distance and evaluate the situation. A St. Charles, IL divorce lawyer can advise you during this period about what your options are going forward.
How Is a Trial Separation Different From a Legal Separation in Illinois?
A trial separation (or simply "separation") comes with no paperwork. You live apart with no court involvement. A legal separation is a formal court status under 750 ILCS 5/402. You remain married, but a judge can enter orders for spousal support and child-related matters while you live apart.
Will My Remarriage Affect The Amount I Receive in Child Support or Spousal Maintenance?
Child support and spousal support (sometimes called alimony) operate on different systems in Illinois. Remarriage affects each differently. If you are receiving spousal maintenance and remarry, your maintenance almost always ends. If you are paying spousal maintenance, on the other hand, you will generally continue to do so. Child support will most often be unaffected by a remarriage.
If you're thinking about remarrying in 2026 and want to know how it changes your support, a Kane County, IL family law attorney can walk you through what to expect.
How Does Remarriage Affect Receiving Spousal Maintenance in Illinois?
Spousal maintenance ends when the person receiving it remarries, unless there is a written agreement between the spouses that it will continue (750 ILCS 5/510). Maintenance terminates by law on the date the receiving spouse remarries.
Who Pays for a Child's College Expenses in an Illinois Divorce?
Illinois is one of the few states where a court can order divorced parents to contribute to their child's college education. If you're going through a divorce in 2026 and your child is approaching college age, this is an important financial issue to address before your case is finalized. A St. Charles, IL divorce lawyer can help you understand what Illinois courts can order regarding children over 18.
Why Can Illinois Courts Order Divorced Parents to Pay for Their Child’s College?
Under 750 ILCS 5/513, an Illinois court may order either or both parents to contribute to a child's post-secondary education expenses. This can include tuition, housing, books, supplies, medical insurance, and other reasonable costs. Illinois courts prefer that the parents’ divorce not interfere with a child’s academic opportunities. This applies even after regular child support has ended. The obligation is separate from and independent of child support.
How Does Mediation Work in Illinois?
Mediation is a great tool for avoiding long, expensive litigation in a divorce case. Many who could benefit from mediation, though, are unfamiliar with how it works. In essence, it's working through all the issues that must be settled, but doing it out of court and with the help of a mediator rather than a judge. It allows couples much more input and flexibility in their final divorce decree.
A Kane County, IL family law attorney can explain further and assess whether you are a good candidate for mediation.
How Is Divorce Mediation Different From Going to Court in Illinois?
Divorce mediation is a form of alternative dispute resolution where a neutral third party (the mediator) helps both spouses work through the issues in their divorce. The mediator doesn't make decisions for you the way a judge does. Instead, they guide the conversation, help you stay focused, and assist you in reaching compromises.
3 Things To Know about High-Income Child Support in Illinois
Child support for high-income couples isn’t always handled the same way as typical child support. Judges tend to have more discretion when making decisions about support from children of parents with higher means. The court will consider factors that aren’t explicitly covered in lower-income child support cases. High-income couples should be aware of these extra considerations so they’re not caught off guard when the child support orders are made.
If you're a high-income parent facing child support questions in 2026, a Kane County family law attorney can help you understand how Illinois courts approach these situations.
Can Illinois Courts Deviate From the Standard Child Support Formula for High-Income Parents?
For most divorcing parents in Illinois, child support is calculated using a standard formula, called the income shares model. This method, outlined in law 750 ILCS 5/505, takes both parents' incomes into account and also factors in how many overnights each parent has with the child. The final amount is primarily based on these two things.
What Does "Best Interests" Mean and Other Child Custody Issues?
When settling custody issues, courts will always make decisions based on "the best interests of the child." But what exactly does that mean?
Illinois has written into its laws a number of things that affect a child’s well-being. They include things like the stability of the home the child is supposed to live in, how the child will maintain a relationship with both parents, and, in some cases, the child’s own wants.
Understanding these factors can help you prepare for your custody case in 2026 and anticipate what will impact the court’s decisions. A Kane County, IL child custody lawyer can walk you through them.
What Factors Do Illinois Courts Say Affect a Child’s Best Interests?
The things the court will look at when determining what’s in your child’s best interest are specified in law 750 ILCS 5/602.7 of the Illinois Marriage and Dissolution of Marriage Act. Some of these include:
Am I Required to Pay Alimony in an Illinois Divorce If I Make More Than My Spouse?
Just because you’re earning more than your spouse doesn't necessarily mean you'll be paying them alimony, or spousal maintenance, every month after your divorce. Illinois doesn’t order support in every divorce case. A breakdown of why Illinois awards alimony and how the court comes up with the amount can help you understand what you may be paying (or not).
If you're worried about alimony in your 2026 divorce case, a Kane County divorce lawyer can answer your questions.
When Does Illinois Award Alimony in a Divorce?
The purpose of maintenance is to ensure that the lower-earning spouse has support after the divorce until they become financially self-sufficient. This may not be necessary in every divorce. A court will look at whether one spouse genuinely needs financial support and whether the other can reasonably provide it.
Irreconcilable Differences: Common Conflicts that Lead to Divorce
Marriages don’t generally end because of one incident. It might feel like a single moment, especially in the case of things like infidelity. But there’s almost always a slow burn of compounding issues that eventually hit a breaking point.
Some of the most common issues that eventually lead to a split include differences in values and issues with communication. These can manifest in a variety of ways that are damaging to the marriage. If you're seeing some of these patterns in your own marriage and wondering what might happen next, a St. Charles divorce lawyer can answer questions without pressuring you.
What Are the Most Common Reasons Couples Decide to Divorce?
Researchers have studied marital breakdown for decades. A few themes come up again and again. Knowing what they are won't fix a troubled marriage, but it can help you name what you're experiencing and decide how to move forward.
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