Divorce and How To Tell Your Kids

March 22, 2017
jwilson2022
It is only natural that, as a mom and dad you dread speaking with your kid about an approaching divorce. Us moms and dads wish to safeguard and shield our kids from psychological or physical damage BUT it is essential that you handle the task at hand and doing this in a way that helps your kid deal with that his/her moms and dads have actually chosen to divorce.

Taking a seat and speaking to your kids about your divorce is the 1st step you will take in the divorce procedure. That talk might set the requirement for how the rest of your divorce turns out. Parents who care adequately about their child to break the news gently and properly will, more than likely, consider their child in each step of the divorce process.

Make a plan that involves Mom and Dad both being there when the talk is provided. It is important that you show a merged front for your children. They will feel more protected with the modifications to come if both father and mothers appear to be taking into consideration their needs.

Make sure that your kid understands that he/she is loved by both father and mothers. Instead of telling your youngster you no longer love each other, express just how much you both love your kid.

Discuss to your child why there is going to be a divorce. You want to provide age-appropriate explanations, but most children are likely to wonder "what took place" and have a right to an answer to that concern. Share your emotions with your youngster and encourage them to share their thoughts AND want to listen and verify their responses.

If you have more than one youngster, talk to them as a group. As soon as all know the news take them individually so that you can learn exactly what each kid is feeling and thinking. Each child will certainly react in a different way, have different concerns and issues. Each need to be able to reveal their issues separately in a conversation with Mom and Dad.

How you speak with your youngster is as essential as what you tell him/her. Be conscious of your bodily language, the tone of your voice and your behavior when the other parent is talking. Don't disrupt your spouse when he/she is talking or enable a conflict between the moms and dads of you color the discussion you are having with your child.

There is a difference in a kid's psychological understanding and intellectual understanding. They will process the new emotions at a different rate than is processed intellectually. Processing the brand-new will certainly take more time emotionally than intellectually. You will be required to have more than one discussion about the divorce based upon your child's emotional needs.

Encourage your child to ask about concerns, however don't be amazed if there are none. As the youngster processes the details, there will be concerns. Let your kid understand you are available to respond to concerns as they show up.

Have the ability to discuss to your child what will certainly take place to them as soon as you legally separated or divorced. Supply a lot of details about where the youngster will live, how often they will see the moms and dad who will be moving from the family house. Your youngster will certainly feel more safe and secure if you can assure him/her that your divorce will not interfere with their stability or relationship with either father and mother.

Want to have the discussion over and over once more. As your youngster ages, the concerns they have will certainly be different. There might be many conversations, some years down the road about your choice to divorce. Your youngster will end up being more advanced with age so be prepared to answer the tough concerns that include that sophistication. You will surely move on from your divorce, your children won't. Since you no longer think of it doesn't imply your kid does not. Give them the right to the answers they have in order help them handle a scenario that will impact them emotionally for many months, if not years to come.

Here is something every parent needs to understand about divorce- exactly what you say to your kid is less important than exactly what you do as soon as you choose to divorce. That initially, second and 3rd discussion are very important but, "actions speak louder than words" so the method you moms and dad and the example you set by your behavior will determine exactly what the lasting effects of divorce are on your kid.

Describe to your kid why there is going to be a divorce. Due to this, you will certainly be expected to have more than one conversation about the divorce based on your child's psychological requirements.

Be able to discuss to your child exactly what will certainly occur to them as soon as you legitimately separate or divorce. Your child will feel more protected if you can ensure him/her that your divorce will certainly not interfere with their stability or relationship with either father and mother.

You will certainly move on from your divorce, your youngster won't.

FAMILY LAW • DIVORCE • CUSTODY • SUPPORT

Family Law FAQs — Organized by State

These frequently asked questions cover common divorce and family law issues in Missouri and Illinois. Each question is clearly labeled by state so updates remain easy to track over time. This page is general educational information and not legal advice.

Laws and outcomes vary. Talk with an attorney to understand options for your specific facts and jurisdiction.

Divorce Basics

Filing, no-fault rules, timing, and separation requirements—labeled by state.

MISSOURI How do I file for divorce in Missouri?
To file for divorce in Missouri, at least one spouse must have lived in Missouri for 90 days before filing. Divorce cases are filed in the circuit court of the county where either spouse resides.
MISSOURI Is Missouri a no-fault divorce state?
Yes. Missouri is a no-fault state. You do not have to prove adultery, abuse, or wrongdoing—only that the marriage is “irretrievably broken.”
MISSOURI How long does a divorce take in Missouri?
Missouri has a minimum 30-day waiting period, but most divorces take 3–12 months, depending on custody disputes, property issues, and court schedules.
MISSOURI Do I need my spouse’s permission to get divorced?
No. One spouse can file for divorce even if the other objects.
ILLINOIS How do I file for divorce in Illinois?
One spouse must have lived in Illinois for at least 90 days before filing. Cases are filed in the circuit court of the appropriate county.
ILLINOIS Is Illinois a no-fault divorce state?
Yes. Illinois only allows no-fault divorce based on irreconcilable differences.
ILLINOIS How long does a divorce take in Illinois?
Uncontested divorces can be finalized in as little as a few months, while contested cases often take 9–18 months.
ILLINOIS Do we have to be separated before divorcing?
Illinois law presumes irreconcilable differences if spouses have lived apart for 6 months, but the court's no longer require an affidavit of living separately for any length of time.

Property & Finances

Equitable distribution, the house, retirement accounts, and maintenance/alimony.

MISSOURI Is Missouri a community property state?
No. Missouri follows equitable distribution, meaning marital property is divided fairly—not necessarily 50/50.
MISSOURI What counts as marital property in Missouri?
Generally, assets acquired during the marriage—including income, retirement accounts, and real estate—are marital property, regardless of whose name is on them.
MISSOURI Who gets the house in a Missouri divorce?
There’s no automatic rule. Courts consider factors like financial contributions, custody arrangements, and each spouse’s ability to maintain the home.
MISSOURI Will I have to pay spousal maintenance (alimony)?
Possibly. Missouri courts look at need, ability to pay, length of marriage, and earning capacity. Maintenance can be temporary or long-term.
ILLINOIS Is Illinois a community property state?
No. Illinois follows equitable distribution, not automatic 50/50 division.
ILLINOIS What is considered marital property in Illinois?
Most assets and debts acquired during the marriage, regardless of title.
ILLINOIS How are retirement accounts divided?
Often through a Qualified Domestic Relations Order (QDRO)—errors here can be extremely expensive.
ILLINOIS Will I receive or pay maintenance (alimony)?
Illinois uses statutory guidelines based on income, marriage length, and financial need, though courts may deviate.

Child Custody & Support

Best-interest standards, parenting time, and how support is calculated.

MISSOURI How is child custody decided in Missouri?
Custody decisions are based on the best interests of the child, considering stability, parental involvement, and the child’s needs.
MISSOURI Does Missouri favor mothers in custody cases?
No. Missouri law is gender-neutral. Courts often favor arrangements that allow frequent and meaningful contact with both parents.
MISSOURI What types of custody exist in Missouri?
  • Legal custody (decision-making)
  • Physical custody (where the child lives)
Both can be joint or sole.
MISSOURI How is child support calculated?
Missouri uses Form 14, which considers income, parenting time, healthcare costs, and childcare expenses.
ILLINOIS Does Illinois still use the term “custody”?
No. Illinois now uses allocation of parental responsibilities and parenting time.
ILLINOIS How does Illinois decide parenting time?
Based on the best interests of the child, including stability, cooperation, and each parent’s involvement.
ILLINOIS Can a child choose which parent to live with?
A child’s wishes may be considered, but no child decides custody outright.
ILLINOIS What happens if one parent violates the parenting schedule?
Courts can impose fines, modify parenting time, or hold the parent in contempt.
ILLINOIS How is child support calculated in Illinois?
Illinois may use an income shared model, considering both parents’ income and time with the child based on overnights.
ILLINOIS Does parenting time affect child support?
Yes. Overnights and shared parenting significantly impact calculations.
ILLINOIS Can child support be modified?
Yes, if there’s a substantial change in circumstances (job loss, income change, medical issues).

Special & High-Conflict Issues

Pregnancy, hidden assets, relocation, domestic violence, and enforcement.

MISSOURI Can I get divorced while pregnant in Missouri?
Yes, but courts may delay final custody decisions until after birth.
MISSOURI What if my spouse is hiding assets?
Courts can impose penalties, reopen judgments, and award additional property if concealment is proven.
MISSOURI Can I move out with my children during a divorce?
This can seriously impact custody. Always talk to an attorney before relocating.
MISSOURI Do I need a lawyer for an uncontested divorce?
Legally no—but mistakes can be costly and irreversible, especially with property and custody.
ILLINOIS What if there is domestic violence?
Illinois courts can issue Orders of Protection immediately and prioritize safety.
ILLINOIS Can I move out of state with my child after divorce?
Relocation may require court approval or parental agreement depending upon the mileage involved.
ILLINOIS What if my spouse won’t cooperate?
Courts can compel disclosure, enforce deadlines, and impose sanctions.
ILLINOIS Do I really need a lawyer if we “agree on everything”?
Many people think they agree—until tax consequences, retirement, or future enforcement becomes an issue.

Want answers specific to your situation?

Get guidance tailored to your facts, goals, and jurisdiction. We’ll help you understand options and next steps.

Facing family or divorce issues?

At Besserman Law, we understand that family and divorce matters can be challenging and emotionally draining. Our experienced team is here to provide you with compassionate, professional legal support every step of the way.
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Disclaimer: The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this website. Legal outcomes depend on the facts of each case. Consult a licensed attorney for legal advice regarding your specific situation.
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