Historically, mothers would often receive primary custody of their children in a divorce, and a father would be given visitation rights. In addition, the law favored support payments – including alimony and child support – to mothers. As Illinois family laws have changed, “custody” rights have turned into parental responsibility determinations. There is no longer a presumption in favor of a mother automatically getting primary custody and, instead, courts examine many factors when deciding how to divide parental responsibility.
While the law seeks to even out rights between spouses and parents in family law cases, mothers can find themselves at a disadvantage in many aspects of family law. It is important to have an experienced mothers’ rights divorce lawyer in Chicago on your side. Learn how the family lawyers at WARD FAMILY LAW, LLC, can help.
No matter what your circumstances might be, mothers can face different challenges in the course of a divorce. The following are some unique obstacles we have seen firsthand for our clients who are divorcing mothers.
Parental responsibility – Many mothers work full-time, which might put them at a disadvantage in a matter if the father works from home or stays at home with the child. In addition, mothers can face an uphill battle if they want to seek primary care of the child due to concerns about the father’s treatment of the child.
Domestic Violence – Some mothers are the victims of domestic violence, which then leads to a divorce case. Our attorneys can help you obtain protective orders, orders for exclusive possession of the home, and other options, when needed and raise the issue of domestic violence when relevant in your divorce case.
Spousal support – If you are a mother who gave up your career to stay home and care for your children and household, the idea of losing financial stability in a divorce can be terrifying. We work to make sure that mothers who sacrificed for the sake of the family have the support they need following divorce.
Property and asset division – In some marriages, one spouse might be responsible for handling the finances. While allocating such responsibilities might seem to make sense during your marriage, it can put you at a disadvantage if you are divorcing and have little knowledge of the details of your financial situation. If your spouse has a greater understanding of your finances, they might try to seek unfair property distribution, hide assets, or take other steps that prevent you from receiving your fair and equitable share.
Each divorce is unique, and each divorcing mother will have her own concerns regarding the outcome of the case. It is important to have the right legal assistance to ensure your rights are protected.
At WARD FAMILY LAW, LLC, our lawyers stand up for the rights of mothers in divorce and related family law cases. If you would like to learn more about our services and how we can help, please contact us today for a consultation.
It was quick and easy and those are two words I did not think I would say about my divorce. We are still friendly too. We just were not meant to be together anymore. Ward Family Law made sure to draft the documents with the terms that we agreed on which kept us on good terms and there was no fighting. I cannot recommend them enough if you are looking for a clean, honest, quick, easy divorce.
We were set to get married in a little over a month and my family insisted on a premarital agreement. On my very first call Jennifer explained the entire process and timing. They hit the ground running and got everything completed and signed well before our wedding date. That made everything much less stressful so I thank them so much for their professionalism and timeliness.
Our plan was to get married after the baby was born and then a year later we still were not married and we were going our separate ways. I had no idea that the birth certificate alone did not make me the legal parent of our baby in Illinois. Luckily, Ward Family Law handles these cases and established paternity through a DNA test and submitted the results to the court. We now have an agreement on time with our kids and support too.
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