Legal Question in Family Law in Illinois

My husband was offered a position in his hometown, 1400 miles from our current home. He left to start the job and I stayed behind with our 2 daughters to prepare our current home for the move. My husband now is upset because I am angry the process is taking so long and is unsure if he wants me there. Do I have any options? I do not work, and have not our entire marriage(1998) What can I do?


Asked on 11/28/12, 9:20 pm

1 Answer from Attorneys

We are not marriage counselors although on filing for divorce in Illinois part of the process is to determine if the parties are willing to participate in counseling. So unless you want a divorce, or he clearly states that is what he is suggesting, and follow that legal process, you both need to examine what your "feelings" are really all about and seek non-legal counseling. Or you could file for divorce (but you'd have to do it here where the marital home is) if you want to "pull the trigger" but remember the consequences of doing that are totally unknown and could possibly spiral out of your control. Being "upset" or "angry" on its own, because of an economic family crisis that your husband has had to remove himself from by 1400 miles is not per se grounds for divorce in Illinois. As the "sole bread winner" your husband has had to remove himself from you and the kids, his family home and friends, to try to fulfill your apparent marital division of labor - him outside the home and you inside. You in turn have to be the physically present adult and parent while he's gone. Both your feelings appear justified but there's an old saying: wars tend to happen when both sides thinkg they are right. If you do file for divorce and it goes through, a divorce attorney can explain what your rights are to "alimony" and child support as a non-working spouse - in such cases it is called "equity".

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Answered on 11/29/12, 9:00 am


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