Sometimes love does indeed conquer all. Sometimes a divorcing couple decides to give their marriage another chance and wants to put a halt to their divorce case. While a spouse who files for divorce is always free to dismiss the divorce case at any time, this may not always be a wise decision. What happens if you dismiss your divorce case, and what should you consider before putting the brakes on your Illinois divorce?

Dismissing Your Case – How Do You Do it and What Happens Next?

A civil or criminal lawsuit is able to be dismissed by the individual who filed the suit (the petitioner or plaintiff, depending on the type of case) with very few limitations. Usually when a lawsuit is dismissed voluntarily by the person who filed it, the case is dismissed without prejudice. This means that the plaintiff or petitioner is able to refile the case at a later date if he or she chooses. (By contrast, a dismissal with prejudice means that the plaintiff or petitioner cannot refile the lawsuit based upon the same facts – it is very rare for a divorce to be dismissed with prejudice). You cannot “dismiss” a divorce that has already been finalized by the court.

When you are going through a divorce, you are faced with a host of financial issues. Often, spousal support can be a big question - will the court require one spouse to provide the other with ongoing financial assistance once their divorce is final? Until recently, it was up to the judge to make this decision on a case-by-case basis, after considering a variety of factors set out in the Illinois Marriage and Dissolution of Marriage Act. In an effort to make spousal support awards more consistent, however, the Illinois legislature updated the law, establishing a specific mathematical formula for calculating the amount and duration of a spousal maintenance award.

Will Courts Always Use This Formula Now?

Do these new guidelines simplify the process? Do they actually reduce an attorney’s role to plugging numbers into a calculator? Likely not. First off, the formula only applies after the court determines that spousal maintenance is appropriate at all. In addition, your case must meet the following two conditions:

It is a biological fact that children have two parents. In some instances, however, paternity may be a concern. Parents must both be responsible for providing care for their children and both parents have rights. Whether a father wants to protect his parental rights, or needs to prove parenthood, experienced legal advocates are available to provide the legal counsel required. Paternity issues can become complex and require the services of a law firm with the experience to handle them.

Understanding Paternity

Paternity provides a legal relationship between a father and child. When a child is born to married parents, the husband is automatically assumed to be the father. Unmarried parents need to legally establish paternity. In Illinois, paternity is established in one of several ways. These include:

When a couple divorces or otherwise separates, both parents have a legal obligation to support their minor children. Under Illinois law, a parent’s child support obligation normally terminates when a child emancipates. Emancipation occurs when a child turns 18, or 19, if the child is still attending high school. However, there are circumstances in which a parent will be required to provide his or her child with some form of financial support beyond the age of emancipation. For this reason it is critical to have the aid of a family law attorney who understands Illinois child support laws and knows how to best represent the interests of a parent with a child who may need extended financial support.

Supporting the Disabled Child

First, if a child is disabled in some way, a parent’s obligation to support that child may last beyond the age of majority. If the child’s disability is severe, each parent may have a life-long obligation to financially support the child. If it is in the best interests of the child for a parent to pay child support beyond age 18 or 19, then the court has the right to deviate from the Illinois Child Support Guidelines and order that parent to continue to pay child support. The court can take a variety of factors into account in deciding whether to order continued or increased support for a child who has reached age 18 or 19, but who is disabled. These factors may include the physical, emotional, and educational needs of the child, as well as the child’s ability or inability to be self-sufficient.

After a divorce, even one that went smoothly, there can be a lot of anger, resentment, and sadness. But, when there are children involved, it is vital that both parents find a way to work together to be the best parents to those children. They are having their own difficulties adjusting to the divorce. Here are three tips for effectively co-parenting after a divorce.

Understand You Have Still a Relationship with Your Ex-Spouse

The divorce may have ended the marriage, but you and your ex are still in a relationship. You are co-parents to your children. That means you have to communicate and work together for the best interests of your children. This can be hard enough when parents have a strong marriage, but when a couple has been divorced it can be extra challenging.