Subscribe to this list via RSS Blog posts tagged in Illinois family law statute

IL divorce lawyerIllinois law went through a change in 2016 in regards to parents relocating with their child after going through a divorce. Prior to the law change, the parent with physical custody of the child was allowed to move within the state whenever they wished.

According to the new law, a parent must get permission from the court if their relocation is over 25 miles from the current address. In some cases, the 25 miles could take the parent and child over Illinois state limits.

What Is the Process to Petition for Relocation?

The Illinois court system likes to make sure that a child is able to see both parents after a divorce takes place. If one parent moves out of state, the other may not get as much of a chance to bond with their child and a parenting plan can become difficult to maintain.

A lot of relocation cases can be handled civilly with both parents agreeing to the relocation and signing the necessary paperwork to avoid court. However, if the non-custodial parent feels like their time with their children are in jeopardy, they can refuse to sign the paperwork. This would lead the primary parent to file a petition for relocation to family court.

The parent looking to relocate would need to bring their written petition to the court a minimum of 60 days before the planned relocation. The petition must include:

...

Illinois divorce lawyer, Illinois family law attorneyBefore resorting to divorce, many couples consider the idea of legal separation, which allows them the opportunity to live apart and test the waters before committing to the decision to officially end their marriage. Research shows that a trial separation can be a wonderful, effective tool, particularly for those who truly do not desire to split up and who would like to repair their marriage.

While there are many advantages to attempting such an arrangement, experts tell us that not every marriage will benefit from a time-out, however. Some marriages simply do not make it, and many separations that are initially intended to serve as a temporary break for both spouses often end up being permanent and inevitably result in divorce.

Is Legal Separation Right for You?

Psychology professionals tell us that trial separations generally work for couples who are realistic about what a time-out really entails, and this means recognizing that it involves a lot of energy, hard work, and willingness on behalf of both parties to make the arrangement an effective one. If you are on the fence about trying legal separation versus diving straight into divorce proceedings, consider the following three signs that may indicate a separation is a good option for you:

1. You are willing to play by the rules - Therapists stress the importance of setting boundaries and ground rules when deciding to separate. Both parties must be willing to discuss uncomfortable subjects, such as dating other people during the break and a potential deadline for making the final call. If you are prepared to help set boundaries and honor your part of the agreement, it may be worth trying out a trial separation. It is not uncommon for couples to get back together, and the time they spent apart can prove to be a healthy, productive experience in the end.

...

Recent Blog Posts

Categories

Archives

Contact Us

How Can We Help?

NOTE: Fields with a * indicate a required field.
*
*
*
AVVO LL BV