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DuPage County Attorneys

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900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

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Phone: 630-529-4761

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Phone: 630-443-0600

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Family Law

Posted on in Family Law

Illinois child relocation attorneysLearning that the other parent of your child wants to relocate is a lot like a punch in the gut. Your child, whom you may only see part of the time, could move, perhaps hundreds of miles away. If the relocation is a success, you know that you will see your child less often. The after-school stops for ice cream will end. There will be no more pickups from dance class when your ex-partner is stuck at work. Thankfully, you can attempt to stop a child relocation before it happens. The following information explains further.

An Overview of the Relocation Process

Unless the other parent will be moving a short distance (limits are based on state and county laws), they must notify you, in writing, of their desire to move. Included in their notice should be information on when they intend to relocate, the address to which they are planning to relocate, and the duration of the relocation (some may be temporary). That notice is also filed with the court clerk. If you consent to the move, you can file a response letter with the court, giving the other parent permission to relocate. If you do not consent, you can contest the move, which places the decision in the hands of the court.

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Illinois divorce lawyersIn divorce, it is not just the assets that are divided. Instead, divorcing couples must also split their debts. With more than 44 million student loan borrowers in the United States, all with a total debt of about $1.4 trillion, you can be sure that, in at least some divorces, there is a distribution of student loan debts. When and how does this happen? How might it impact your Illinois divorce? The following explains, and it provides details on where to find assistance with your case.

Marital versus Non-Marital Student Loan Debt

Like with assets, distribution of debt typically only debts that were acquired during the marriage. As such, student loans that were obtained before marriage are likely to be excluded from the marital estate. It is important to note, however, that student loan debt does not automatically become a part of the marital estate, just because the debt was incurred over the course of the marriage. Instead, there are several factors that may be used to determine whether the student loan debt is a part of the marital estate. These factors include:

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Illinois divorce lawyersIn an Illinois divorce, the assets of a couple are valued and then divided equitably. What happens, though, when one of the parties decides they want more than they are entitled to receive in the settlement? In some cases, it could lead to asset hiding. Learn more about the risk of this deceptive practice, including how to tell if you may be at risk and what an experienced divorce lawyer can do to help mitigate against the potential damage.

Disadvantaged Spouses

Disadvantaged spouses are individuals who either do not earn money or have little knowledge of their marital finances. Some are stay-at-home parents or spouses. Others simply choose not to get involved with the financial aspects of their marriage. Regardless of the reason, these spouses are at an increased risk for asset hiding during divorce.

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Illinois family law attorneysIn Illinois, divorcing parents must determine the allocation of parental responsibilities (formerly known as custody) and parenting time (formerly known as visitation) will be split among them. Unfortunately, this sensitive matter can create a lot of tension, and parents may struggle to come to an agreement. If this happens, the decision may be left up to a judge. Learn more about how child-related matters are decided upon in an Illinois divorce, and how an experienced attorney can help with your case.

Parents Usually Start with a Parenting Plan

Typically, the first step in determining the allocation of parental responsibilities and parenting time is the completion of a parenting plan. Done either jointly or separately, this plan must be submitted to the court within 120 days of the divorce petition (unless an extension is filed). If parents are unable to agree, they may attend alternative dispute resolution (i.e. mediation) to work out their differences.

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Illinois divorce attorneysDividing marital property in a divorce can be a complex and contentious matter, especially in Illinois. You see, unlike in other states where property and assets are divided equally, Illinois distributes assets in an equitable (“fair”) manner. Unfortunately, everyone’s version of fair is not the same. As such, the courts have some factors that guide the asset division process. Learn more about them, and what an experienced divorce attorney can do for you, with help from the following information.

What is Included in the Marital Estate?

Before the courts can divide a couple’s assets, the overall value of the marital estate must be determined. Items that are included in this process will typically include any assets acquired during the marriage, but individual assets that were acquired before the marriage may also be included if they were co-mingled with marital funds. Examples of such items may include:

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