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Grandparents Rights and Divorce

In a divorce proceeding, it is not uncommon for grandparents to have a concern regarding the outcome, including as same may impact their relationships with any grandchildren, not to mention their child and former spouse of the child. By agreement, there can be provision made in terms of any settlement relative to visitation rights of grandparents if both parties agree.

If the grandparents had a good relationship with the grandchildren prior to the divorce, it would seem to make sense, by agreement, that the parties may wish to cooperate in regard to promoting and protecting the relationship of the grandparents with the grandchildren after the divorce.


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In Illinois, alimony is awarded without regard to marital misconduct. According to Illinois divorce law, the judge orders support from one spouse to the other if the parties cannot agree. The court awards alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including the income and assets of each spouse, the needs of each party, the earning capacity of each party, any impairment of the earning capacity of the party seeking alimony caused by marital sacrifices, the time necessary for the receiving party to seek employment, the standard of living established while married, the length of the marriage, the age and health of both parties, and the contributions and services by the party seeking maintenance to the education or career potential of the other spouse.
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