Moving can be a hassle for anyone. For divorced parents seeking to relocate with children, moving can be an even bigger challenge. It is not as simple as packing up and heading for your new home. Depending on where you live now and where you plan on moving to, you may need to get consent from the other parent or the court - which could mean a hearing. 

If you are divorced and planning to relocate with your children, you should consult a qualified family law attorney first. Especially if a hearing is required, being represented by knowledgeable legal counsel can help the process move smoothly. 

What Do “Moving” and “Relocating” Mean?

Although the two terms are often used interchangeably, they do not mean the same thing in the context of Illinois family law. Depending on which county the child’s current home is in, you are only “relocating” if you are moving more than 25 or 50 miles from that location. Otherwise, you are “moving.” If you have more parenting time and an existing agreement, you do not need permission from the court or the other parent to move with the child. 

It is not uncommon for parents to want to take the necessary steps to scientifically and legally establish the biological relationship they share with their children. Only when parentage (formerly called paternity) has been proven can a father assert his parental rights. There are a variety of ways to establish parentage in Illinois. All are equally effective, but some are easier than others. If paternity was not established at birth, you may want to seek the help of an attorney, who can guide you through the best way to establish legal parentage. 

What Are the Ways to Establish Paternity in Illinois?

Illinois courts typically believe that it is in a child’s best interest to have a relationship with both natural parents. Sometimes, however, it is not clear who the child’s legal father is. In that case, paternity must be established before parenting time can be allocated and a parenting plan can be made. In Illinois, you can establish paternity in these ways: 

• Marriage - A child born to married parents is automatically legally the child of both, and no further steps need to be taken to prove parentage unless a dispute arises. This holds true even for same-sex couples. 

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Studies have shown that children greatly benefit from the ability to maintain healthy relationships with both of their parents, even when those parents are divorced or were never married. Because of this, Illinois law has requirements in place that parents must follow if one parent wishes to relocate a great distance away from their child’s current home. This is especially significant when parental responsibilities and custody are shared. A skillful child custody attorney can help parents to better understand relocation and its requirements.

What Constitutes Relocation?

In the state of Illinois, relocation is established based on the number of miles the new home will be from the child’s original home. However, this number is not consistent throughout the entire state and varies depending on the county the home is located in. For instance, a move will be considered a relocation if:

• The child’s original home is in DuPage, Lake, Will, Kane, McHenry, or Cook Counties and the parent and child are moving more than 25 miles away while staying within Illinois.
• The child’s original home is in any other Illinois county and the parent and child are moving more than 50 miles away while staying within Illinois.
• The child’s original home is in any other Illinois county and the parent and child are moving to a new state more than 25 miles away.

Requirements for Relocation

A parent who is planning to relocate with their child must first provide the other parent with a written notice that includes the intended relocation date and the new residence address. The notice must be provided at least 60 days prior to the intended move date and should also be filed with the court. After it has been filed with the court and the other parent signs the notice, no further court action is necessary for the move.

Whether you are divorced or you never married your child’s other parent, child custody issues can be contentious. Understandably, parents have strong opinions about what is best for their kids. When divorced or unmarried parents disagree about the allocation of parental responsibilities or parenting time, the court may intervene. If you are in the midst of a child custody dispute, it is important to understand the factors used by Illinois courts when ruling on these types of cases.

The Child’s Best Interests

The primary concern in a child custody dispute is reaching a resolution that promotes the child’s mental, physical, and emotional well-being. In other words, the court’s priority during a child custody case is the child’s best interests. Of course, what is in a child’s best interests is not always easy to ascertain. Illinois has adopted over a dozen individual factors that courts should consider when determining a child custody arrangement that is in the child’s best interest. These so-called “best interest factors” include:

• Each parent’s custody preferences

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Divorce is often coupled with significant frustration, conflict, and expense. It may seem easier for wealthy couples to get divorced due to their financial stability. However, high-asset divorces often involve distinct obstacles, including how to appropriately separate the spouses’ assets. Each party involved in a high-asset divorce should be well aware of the divorce’s consequences and prepare themselves, their loved ones, and their assets accordingly.

Factors to Consider in a High-Asset Divorce

Divorce poses unique challenges for wealthy couples due to the accumulation of assets throughout their marriage. The couple’s worth will likely dictate many factors of their divorce.

Firstly, it is possible that each spouse may want to pursue the use of financial experts throughout the divorce process. These experts will be able to determine how much the shared assets are worth. If there is a business involved, the experts will help to establish whether either or both of the parties have an ownership interest. Additionally, if either spouse is concerned that there may be hidden assets, a forensic accountant can analyze previous financial transactions.

The divorce process entails an extensive list of divisions between the two spouses, including property division and the allocation of parental responsibilities. At the end of the day, the court’s goal is to ensure that the two separating parties complete the process as equals. While not legally required, awarding spousal maintenance, or alimony, can help to achieve this. A Kane County family law attorney can aid in pursuing spousal maintenance effectively.  There are multiple types of spousal maintenance to consider. Before doing so, you should make sure that it is the right path for your situation. If there is a substantial income discrepancy between the separating parties, spousal maintenance is likely appropriate. 

The Main Types of Spousal Maintenance in Illinois

In Illinois, spousal maintenance is not guaranteed. Unless you have signed a marital agreement promising maintenance, the court has the discrepancy to award spousal maintenance or spousal support on a case-by-case basis. 

Temporary Maintenance

During the divorce process, under Illinois law, a spouse may request temporary maintenance. LIke the name implies, this type of maintenance is short-term and will end at the finalization of the divorce. Temporary maintenance is typically granted in order to maintain the supporting spouse’s financial status quo. Before approving this request, a court will first evaluate the incomes, needs, and responsibilities of each spouse. 

For the past 18 months or so, the United States has been battling the COVID-19 pandemic. As more and more people get the COVID-19 vaccine, states have begun to lift restrictions and mask mandates, including Illinois, which lifted mask mandates at the end of May. Dealing with the pandemic has raised many legal issues,  such as the rights of individuals when it comes to mask-wearing and vaccinations. As the FDA has granted one vaccine manufacturer emergency use authorization for children 12 and older, and a second is getting ready to request full licensure for children to receive their vaccine, another major legal issue may be looming: What happens when co-parents disagree on whether their child should receive the vaccine?

Allocation of Parental Responsibilities

Several years ago, Illinois lawmakers did a complete overhaul of the state’s family law statutes. Included in those changes was the elimination of terms like child custody and visitation. Instead, family court judges issue orders regarding the allocation of parental responsibilities and parenting time.

The allocation of parental responsibilities addresses important decision-making on issues that affect the child. These include education, religious upbringing, healthcare, and extracurricular activities. The courts have three options when it comes to the allocation of parental responsibilities and will always choose the one that is in the child’s best interest:

In Illinois, just like every state in the country, there are laws that say that each parent has a duty of support owed to their child. This duty extends to providing for the “reasonable and necessary physical, mental and emotional health needs of the child.” The Illinois statute defines a child as one who is under 18 years of age and any child 19 years or younger who is still attending high school.

When a marriage, civil union, or relationship ends, or paternity has been established, the court has the authority to order one parent to pay the other parent child support. Which parent pays child support depends on how the allocation of parental responsibilities and parenting time is established (formerly referred to as child custody). Unfortunately, not all parents adhere to these child support orders and either fail to pay according to the ordered payment schedule or refuse to pay any support at all.

In these circumstances, what are the legal options for the parent who is not receiving child support payments?

When a divorcing couple cannot reach an agreement about property distribution, child custody, spousal maintenance, or other divorce terms, the case may go to trial. During a divorce trial, each side presents arguments and evidence that support their claims. The court considers each party’s arguments, examines the evidence, and then hands down a decision about the unresolved issues. If you have received a ruling from an Illinois court regarding your divorce that you disagree with, you may be able to appeal the court’s decision.  

What Are the Grounds for Appealing a Divorce in Illinois?

You cannot successfully appeal a court’s decision simply because you do not agree with the court’s finding. If you believe that the judge was wrong, you will need to show grounds or reasons that justify an appeal. A successful appeal is possible when a court’s ruling is based on mistaken or false information. For example, if the information used by the judge when making the decision was incomplete or inaccurate, you may be able to appeal the decision. Procedural mistakes or an incorrect application of Illinois law may also justify an appeal.  

What Happens During an Appeal?

If your divorce ruling was based on flawed information or there were mistakes during the trial that justify an appeal, you must act quickly. You only have 30 days after the ruling to file an appeal. Illinois divorce appeals are heard by the Illinois Appellate Court. Three judges will review the decision handed down by the circuit court and the reasons that you are requesting an appeal. If the Appellate Court finds that there is not sufficient reason to change the lower court’s decision, the court will uphold the decision and nothing changes. However, if the Appellate Court finds that the lower court’s decision was flawed, the court may modify the decision or send the case back to the lower court for further proceedings.

Before a divorce is finalized, the terms of the divorce must be established. Depending on your situation, you may need to address the allocation of parental responsibilities and parenting time, the division of property and debt, possession of the marital home, spousal maintenance, and more. Spouses are encouraged to reach an agreement about these issues outside of court. You and your spouse may be able to negotiate a settlement with help from your lawyers or through an alternative resolution method. However, some divorce cases simply cannot be resolved outside of court and the case goes to trial.

When a Spouse Refuses to Be Reasonable

You deserve to have a divorce settlement that is “equitable” or fair. While most divorcing spouses aim to avoid litigation, this is not always possible. If your soon-to-be-ex refuses to cooperate or insists on unreasonable terms, you may not be able to reach an agreement without giving up your right to a fair outcome. Unfortunately, some divorcing spouses will do whatever they can to make the divorce process as difficult on the other spouse as possible. They may insist on terms that they know are unfair just to draw out discussions and settlement negotiations. In cases like these, taking your case to trial may be the best way to ensure that your right to a fair divorce settlement is protected.  

The coronavirus pandemic has affected everyone’s life over the past year, albeit in different ways. Although vaccines have started being distributed, there are still restrictions in place, including here in Illinois. Stores, restaurants, and bars are limited to the number of patrons they can have indoors. As a result, many employees in the service industry are working at reduced hours or may even still be furloughed. Those individuals who work in office buildings are likely still performing their jobs remotely from home and utilizing video conferencing technology in place of in-person meetings. Likewise, the majority of students are in a virtual or hybrid learning environment. The consequences of COVID-19 may also be impacting parenting time arrangements for divorced couples. As a parent, it can be challenging to co-parent with your ex-spouse regarding any child-related matter during these uncertain times. Therefore, it is important to work together and understand when a parenting time schedule may need changing in order to maintain your children’s health and well-being.   

What Is Included in a Parenting Plan?

In Illinois, divorcing spouses who have children must create a parenting plan before the divorce decree is finalized and issued. This legal document addresses certain child-related issues, such as who and how decisions will be made regarding their living arrangements, education, religion, and medical care. It is important to note that the term child custody is now referred to as the allocation of parental responsibilities under Illinois divorce law. 

Even though marriage is meant to be a permanent partnership between spouses, the unfortunate reality is that many marriages do not last. In some cases, disagreements about finances, children, or other issues can lead to the breakdown of a relationship, while in others, a couple may simply grow apart and find that they would be happier apart than together. When spouses choose to end their marriage through divorce, they have a number of options for resolving the various legal, financial, and personal issues that must be addressed as they separate their lives from each other. While litigation in court may be used to resolve disputes, in many cases, it is preferable to find less combative ways to address divorce-related concerns. Mediation is one of the best ways for couples to reach a divorce settlement, and it can provide a variety of benefits for both parties, as well as their children and others who are involved in their lives.

Reasons to Use Divorce Mediation

During the mediation process, spouses work together with a neutral mediator who is trained in dispute resolution and understands the legal issues that must be addressed when dissolving a marriage. The couple will cooperate to create a divorce settlement that includes the final decisions on all outstanding issues, including the division of marital property, spousal support, and, if the couple has children, the allocation of parental responsibilities and parenting time.

If you and your spouse are considering filing for divorce, it is unlikely a rash decision. Most couples will notice their relationship falling apart for months, or even years, before bringing up the idea of divorce. Couples will then typically live apart, also known as separation, for a period of time before deciding that divorce is the proper next step. Living separately for an extended period of time can be a good idea before filing for divorce, and some couples may choose to become legally separated as well. This will allow both you and your spouse to fully consider your options and truly understand what life would be like without your spouse. But what about those who cannot financially afford to move out on their own? Is separation required before filing for divorce in Illinois?

Irreconcilable Differences

Depending on the state that you live in, you may need to provide a reason or form of proof for ending your marriage, such as infidelity. Illinois only allows couples to file for divorce due to “irreconcilable differences.” In other words, you do not have to give a specific cause for your ending relationship other than stating that your marriage has broken down beyond repair. Before 2016, Illinois law required couples to live separate and apart for two years before a divorce could be an option. If the couples agreed that they faced irreconcilable differences after six months of living separately, this two-year separation term could be reduced to just those six months.

If you are considering divorce, you may be wondering what will happen to all the “stuff” that you and your spouse have accumulated over the years. Who will keep the house? As a non-working spouse, are you entitled to any of your cumulative savings? And, what about the condo that you purchased a few years ago? All of these questions are common for divorcees. After all, filing for divorce will change your life in more ways than just separating from your spouse. Depending on the state that you live in, the way that all of your “stuff,” also known as marital property, is divided can vary. For Illinois residents, things will be divided equitably, but not always equally.

Equitable Distribution Versus Community Property

Those filing for divorce may incorrectly believe that everything will be split 50/50 between them and their spouse, while others may be concerned that they will not get much at all during the division process. For a select few states that follow community property laws, things really are divided 50/50, and while this may seem like a more fair way to do things, some would argue that additional consideration should go into the division process. For the vast majority of the United States, Illinois included, the court follows equitable distribution laws when it comes to divorce. According to equitable distribution, a judge will consider a number of factors about the couple’s marriage, financial status, and more before making a decision about how things should be divvied up.

When you hear the word “prenuptial agreement” or “prenup” you are likely picturing high-dollar celebrity divorces that you have seen splashed across the pages of magazines near the grocery store checkout line. In the past, prenups may have been reserved for the rich and famous, with the thought that the Hollywood industry would destroy their marriage and leave them with a hefty amount of combined assets to divide. This is one of many false ideations that continue to surround prenuptial agreements and drive couples away from signing one. In reality, prenuptial agreements have become commonplace over the past few decades as couples are deciding to get married at an older age with larger cumulative assets to bring to the table. With divorce statistics continuing to sit around 50 percent, it is important that couples are fully informed about prenuptial agreements and consider their legal options before saying, “I do.”

Prenuptial Agreements Are Only for the Wealthy

As described above, many still believe that prenups are reserved for the rich and famous. In today’s world, this is far from the truth for a number of reasons. Because couples in the past got married at a much younger age, many of these individuals came into their marriages with hardly any savings or assets. Now that many couples are waiting to tie the knot at a more mature age, they are bringing significantly more debts and assets into the marriage than ever before. Signing a prenuptial agreement is a way to protect both yourself from losing your lifelong savings and your spouse from being saddled with your debt in the instance of divorce. Another reason that divorce rates have risen, and thus the need for a valid prenuptial agreement, is an increase in gender equality. In the past, when women lacked the social ability to earn a liveable wage and support themselves independently, divorce was not a valid option. Now that society has modernized and equality between men and women in the workplace has improved, women are more able and willing to file for divorce if necessary. This increased possibility for divorce is yet another reason why prenups have become more common.

Making the decision to file for divorce as a parent can be a difficult call to make. You may be worried about the number of ways that this decision will impact your child. Will your child resent you for this choice? Will this damage your child’s relationship with you or his or her other parent? When will I see my child and how will this be determined? These and other types of questions are likely running through your head and may even be holding you back from choosing your own happiness. It is important to remember that all legal decisions regarding your child are made in the child’s best interest, but how is this “best interest” truly determined?

In the Best Interest of the Child

If you and your spouse decide to create your divorce agreement through divorce mediation or collaborative proceedings, you will both get to determine how things will be handled moving forward. This includes designating the primary custodial parent, outlining your parenting plan, and laying out your parenting schedule. After the court reviews and approves your decisions, you will begin to follow the plan that you selected for your child. 

Legally recognizing your child’s father is important to everyone involved. The father deserves to know that he has a child, the child has a right to know his or her father, and the mother is warranted financial support that the father can provide her. The process of legally recognizing who is your child’s biological father is known as establishing paternity. In some cases, it can be difficult for a single mother to want to legally recognize paternity since it can also give the father parental rights. However, the financial benefits that the child is owed from his or her father can often outweigh this concern. For men who mothers believe may be the alleged father of their child can also be wary of finding out their biological connection to this child. Luckily, there are a few ways that one can prove paternity, and even if the man does not want to cooperate with your requests, you can enforce your petition to establish paternity.

Ways to Prove Paternity

There are three ways that a person can prove paternity according to Illinois law. The easiest, most common way to prove paternity is through a Voluntary Acknowledgment of Paternity (VAP). If both the mother and alleged father recognize that he is the child’s biological father, both parents can complete and sign a VAP form witnessed and filed with the Department of Healthcare and Family Services (HFS). 

There is no “one size fits all” way to handle your divorce. In order to appeal to the varying relationships of divorcing couples, there are a couple of ways that you can handle your divorce proceedings. Some couples may have a dark, tumultuous history where their interactions are contentious and purposely limited, while others have simply grown apart over the years and wish to move on from their marriage. The two most common options for those seeking a divorce are litigation and mediation. Before deciding upon their means of a divorce, spouses should consider the quality of their relationship and compare these two popular options.

Sticking to Court

The tried-and-true divorce option that most are familiar with is known as divorce litigation. The term “litigation” means “carrying out a lawsuit,” although this does not mean that every divorce will find its way into a courtroom. The reason divorce may be considered a lawsuit is because in many cases, the decision to file for divorce is not mutual. In many cases, one spouse would like to divorce while the other wishes to remain married. Since this becomes an adversarial situation, with one spouse battling the other, the divorce case becomes a little more tricky, requiring litigation and sometimes time spent in court.

It is common for recently divorced individuals to want to start over in a new location. Living in the home that you built with your former spouse can make it difficult to escape your old life and move on to a new chapter. Relocating may finally seem obtainable now that you are free from your marriage, but unfortunately, if you have children, you are never fully independent of your former spouse. With parenting agreements that outline how much you will receive in child support, when each parent will spend time with the kids, and who has the most parenting responsibilities, it can seem difficult to get the space you desired when you filed for divorce. Moving away with your kids may appear to be the solution to a fresh start, but restrictions on relocation may keep you from doing so.

What Is Considered Relocation?

Moving from one house to another does not necessarily classify as relocation. Illinois law outlines how far is “too far” and provides information about how to gain permission to relocate, even if your children’s other parent is not on board. According to Illinois legislation, those who live in DuPage, Cook, Kane, Will, Lake, or McHenry counties and move their children 25 miles from their previous residence are considered to be “relocating.” If you do not live in one of these counties, you have a 50-mile radius to stay within in order to avoid needing permission to move. For those looking to move outside of Illinois, anything further than 25 miles from their previous residence is considered relocating.