If you or your spouse is covered under the other’s health insurance coverage, it will terminate when you are divorced. You may obtain a continuation of the coverage under a federal law commonly referred to as COBRA. There is a time limit for how long you are eligible for COBRA coverage, but under no circumstance does it exceed 36 months. Please call Michael Craven to discuss your case.

Yes, but it is known as maintenance in Illinois. There are various factors for courts to consider when determining if someone is entitled to maintenance. There are many types and forms of maintenance and other factors that are very fact dependent. Always consult a divorce attorney about these many nuances. Please contact Michael Craven to discuss your case with you.

In most cases, you should not cancel your spouse’s health insurance if they are covered by your plan. If you terminated your spouse’s insurance before you are divorced and a medical expense is incurred, it will likely be considered a marital obligation that you can be held responsible for. Please contact Michael Craven to discuss your case with you.

No. Your right to ownership and right to possession of the home are separate. If you move out, your right to an equitable share of the home remains an issue to be resolved in your case. Please contact Michael Craven to discuss your case.

Sometimes there is an advantage to filing first. However, in most cases, who files first will not have a major impact on the outcome of the case. Please contact Michael Craven to discuss your case with you.

Laurie, as a reminder I mentioned in an earlier reply that you may want to reach out to me directly by phone to explore your various questions. I think a call will be a more efficient way to handle your questions.

No. A minor child (a child who has not attained age 18) cannot decide which parent he or she will live with. However, the wishes of a child is one of several factors a court must consider when determining with whom the child will live with. As a general rule, the older the child, the more weight will be given to the child’s wishes. Please contact Michael Craven to discuss your case with you.

No. These are separate issues with no legal connection. The law expressly states that a court shall not consider conduct of a present or proposed custodian for a child that does affect his or her relationship with the child. Please contact Michael Craven to discuss your case with you.