Trying to resolve certain issues after a divorce has concluded can be just as stressful and difficult as resolving them during divorce proceedings. If you are divorced and are involved in any disputes with your former spouse, you may be able to seek advice from an experienced divorce attorney in Mokena.

A Mokena post-divorce disputes lawyer could provide you with legal advice and assist you with addressing topics related to different types of issues in post-divorce disputes, modification laws that address post-divorce disputes, and mediation requirements under state law.

If you elect to hire private legal counsel, you could get the knowledgeable assistance you may need for your post-divorce case from our experienced and passionate legal team.

Types of Post-Divorce Issues

There are various issues that can be addressed by a Mokena post-divorce disputes lawyer, which can include but are not limited to:

  • Child support and spousal support
  • Property disputes related to the sale of a home, vehicles, etc.
  • Child custody and visitation
  • Retirement funds, such as IRAs, pensions, and 401(k)s
  • Education expenses, such as tuition payments for college
  • Tax issues
  • Insurance policies, primarily medical and life insurance

Mokena Laws Addressing Post-Divorce Disputes

There are a few methods under Mokena law through which divorced spouses may address any post-divorce disputes, which include modification or termination of court orders and court-ordered mediation. For more specific information regarding your divorce or settlement, consult with a Mokena post-divorce disputes attorney.

Modifying Court Orders

Either former spouse can request the circuit court to modify existing court orders that addressed marital issues by filing a motion for modification or termination to the court. Before the court grants any modification order, 750 Illinois Compiled Statutes 5/510(a-5) mandates that it must be shown that there is “a substantial change in circumstances.”

There are a variety of circumstantial changes that may qualify as “substantial.” A change in employment status for either party or reasonable efforts made by the receiving party to become self-supporting may qualify as such a change, provided it is made in “good faith” and not for the purposes of avoiding pre-agreed obligations. Any impairment to either party’s present and future earning capacity.

Furthermore, tax consequences of any support payments such as alimony or child support can be factors in a post-divorce dispute, as may the duration of any support payments previously made, property awarded to each party through the final judgment of divorce or obtained and currently owned by each party after the divorce, or an increase or decrease in each party’s income.

Court-Ordered Mediation

Another way for former spouses to resolve any post-divorce disputes is through mediation, also known as “conciliation” in Mokena.

Pursuant to 750 Illinois Compiled Statutes 5/404(a), if it is determined that both former spouses can resolve their post-divorce issues, the court may order a conciliation conference either by its own motion or at the request of either former spouse.

This allows former spouses to communicate about any post-divorce issues and address changes—if any—to prior agreements that were made during divorce proceedings. 

Contact a Post-Divorce Disputes Lawyer in Mokena Today

If you are involved in a dispute with your former spouse, a Mokena post-divorce disputes lawyer is available to provide you with the help that you may need. Call today to find out how.