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Kane County family law attorneySometimes, life happens. A new job, new relationship or death in the family may necessitate a move, but to relocate a family is almost never easy. This is true because Illinois law does set some restrictions on relocating children, especially during or after divorce. Very often, one parent’s interest in seeking new opportunities must be balanced with the other parent’s right to parenting time and their children’s interests in staying where they are comfortable.

Recent Changes to Relocation Laws

Before 2016, Illinois law held that a parent could uproot their children for any destination within the state, but if he or she chose to leave the state even by a very small distance, permission of either the other parent or a family court was required. With the revamping of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a new approach was adopted.

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Kane County family law attorneysIn most divorce cases, there are a variety of different considerations that must be addressed, including the division of marital property, maintenance concerns, and the allocation of parental responsibilities. Fortunately, many divorcing spouses are able to remain civil and diligently negotiate a reasonable agreement that resolves all of their outstanding issues. While such cooperation is not always possible, spouses who can work together toward reaching a settlement often realize significant savings in terms of time and money throughout the process.

During the course of negotiations or informal conversations, you and your spouse may agree to certain terms. No matter what is said or agreed to orally, it is important that you record all of your agreements in writing so that there is no confusion or uncertainty down the road.

Most Oral Agreements Are Unenforceable

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Kane County family law attorneyIf you have been ordered to pay alimony—legally known as maintenance in Illinois—your payments are meant to ease the financial effects of the divorce on your ex-spouse. A court may also order maintenance to allow a financially disadvantaged spouse to maintain a standard of living reasonably similar to that which you both enjoyed during your marriage—especially if yours has not markedly changed. In the years that follow your divorce, however, your spouse may find a new romantic partner and begin a relationship. Depending on the nature of that relationship, your obligation for spousal support payments may be affected.

Duration of Support Orders

Most orders for spousal maintenance are set for a predetermined number of months or years. The Illinois Marriage and Dissolution of Marriage Act provides a formula for calculating the length of the order as a function of the length of the marriage to be used in most situations. Longer marriages result in relatively longer orders for maintenance, and some cases may result in permanent orders. While Illinois law does use the word “permanent,” it is not an ironclad guarantee that payments must continue until one spouse dies. There are certain occurrences that could permit you to stop making maintenance payments in spite of a permanent order.

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Kane County divorce attorneysA divorce can be extremely stressful and difficult for everyone involved. Regardless of how long the marriage lasted or whether or not there are any children involved, virtually all divorcing couples face complex legal considerations and lifestyle adjustments. When divorce decisions are left to the discretion of the court, it is common for both spouses to be somewhat disappointed in the outcome. In some cases, a spouse may even believe that the court made a mistake in interpreting or applying the law. While many people assume that a divorce decree is final, this is not always the case.

When to Appeal a Divorce Decision

In any legal matter—especially those that make to trial—at least one of the parties is going be left feeling that the outcome was unfair. A divorce is fairly unique in that most judgments represent a compromise of sorts meaning that there is no clear “winner” or “loser.” If, however, the judgment seems to favor the other party, it is understandable to experience feelings of frustration and disappointment. Simply being dissatisfied, however, is not sufficient grounds for an appeal.

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Kane County family law attorneyDisputes over child-related matters can often be quite contentious. The resulting bitterness and resentment can affect the relationship between the parents for years to come. Issues involving child custody—now called the allocation of parental responsibilities in Illinois—parenting time, child support, and any other concern related to children are complicated, and when parents cannot reach an agreement, the court will need to step in and make long-term decisions for the family. In some cases, the court will appoint an independent attorney called a guardian ad litem to assist in the decision-making process, and it is important for you to understand why he or she may have been appointed.

What Does a Guardian ad Litem Do?

To appreciate the reasons behind the court's appointment of a guardian ad litem (GAL), you must first understand the role that the GAL will play in your proceedings. The GAL does not represent either parent or the child; instead, he or she works essentially as an extension of the court and an expert witness. He or she has the power to investigate the family's situation by conducting interviews, reviewing documents, and examining any other relevant information. Based on the results of the investigation, the GAL provides a recommendation to the court of what the ideal outcome should be in the case. Because eligible GALs undergo specific training required by the county, their recommendations are given significant weight by the court.

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Wheaton, IL 60189
630-549-0960
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We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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