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.

Maintenance (formally known as alimony) is financial support for an ex-spouse. This can be ordered by the court during the divorce as temporary support and/or after the final Judgment for Dissolution of Marriage is entered. Maintenance only applies if the parties were married.

As of January 1, 2019, Illinois changed the way maintenance is calculated. Maintenance is now calculated by taking 33% of the payer’s net income – 25% of the receiver’s net income. Additionally, Illinois places a cap on the amount of maintenance (excluding temporary maintenance) one can receive, which cannot be more than 40% of the couple’s total combined income.

For example:

There have been many memes passed around (at least in my industry) that joke about a baby boom and an increased demand for divorce due to the stay at home order. Behaviors that people used to ignore because they could escape to work or the gym or a restaurant with friends, are gnawing at the psyche of isolated COVID-19 couples. Like that little habit he has of chewing with his mouth open. Or how she hums Merry Christmas every time she washes her hands.

This is even more exaggerated when parents must juggle homeschooling kids and working remotely from home. Arguments about who is teaching science today result in simmering resentment and passive aggressive loud typing on one’s laptop.

Although this is unchartered territory, we do know that the stay at home order will someday end. It must end, for all of our sakes. But until then, choosing whether to divorce your spouse needs to be made with great care. Divorcing your spouse is not easy, emotionally or financially. Before you go down the path of hiring an attorney and filing your petition for dissolution, try these tactics to keep the peace: