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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

Top Chicago Area Divorce Lawyers
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Oak Brook divorce lawyer parental relocation

Dividing the time you and your ex-spouse spend with your child can prove difficult after your divorce. So, the thought of spending even less time with your child can be gut-wrenching. If your child’s other parent wishes to move a significant distance away, you may worry about how this will affect your parenting time arrangement. You may wonder if there is anything you can do to ensure that you will still get adequate time with your son or daughter or if you can prevent the relocation entirely. An experienced attorney can explain the laws regarding parental relocation and how it applies to your situation. 

Defining “Relocation” With Regard to Illinois Law

One of the updates to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) that went into effect in 2016 specifically addressed the rules regarding parental relocations. Special rules apply when a parent with the majority of the parenting time or equal parenting time relocates to a location that is:

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Burr Ridge divorce attorney asset divisionResearch shows that approximately 60 percent of married individuals have committed some form of infidelity during their marriage. Marital infidelity may range from brief emotional affairs to long-term extramarital relationships. While some married couples can overcome an affair and rebuild a trusting relationship, others cannot and choose to divorce. If you have decided to end your marriage and infidelity played a role in the decision, you probably have questions about how the cheating will impact your divorce. Affairs can lead to legal implications as well as emotional complications during the divorce process.

Grounds for Divorce in Illinois

The spouse initiating a divorce is called the petitioner according to Illinois law. He or she petitions the court to grant the divorce. Traditionally, a spouse would need a valid reason or “grounds” for requesting the divorce. These grounds included impotence, abandonment, severe alcohol or drug abuse, mental cruelty, adultery, and other issues that led to the destruction of the marriage relationship. In 2016, Illinois eliminated all fault-based grounds. It is now a “pure no-fault” state and the only ground for divorce is “irreconcilable differences.” Although adultery is no longer a legal reason for divorce, there are still several ways that infidelity may influence the outcome of your divorce.

Dissipation of Assets

Illinois law defines the “dissipation of assets” as the use of marital funds for a purpose that does not benefit the marriage during a time when the marriage is experiencing an “irretrievable breakdown.” One common example of dissipation occurs when a spouse spends a great deal of money on an affair partner. If a divorcing spouse buys expensive gifts for his boyfriend or girlfriend or takes an affair partner on a luxurious vacation, the other spouse may have a valid dissipation claim. If the innocent spouse and his or her lawyer can prove that the other spouse dissipated assets, the innocent spouse may be entitled to a proportionally larger share of the marital assets during property division.

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DuPage County child custody attorney

Going through a divorce when you and your spouse have a child together is often much more complicated than a divorce that does not involve a minor child. There are many questions that divorcing parents will need to address as part of the legal process of ending your marriage, including whether you will share custody of your child or assign the majority of the parental responsibilities to one parent. If you plan to have a co-parenting arrangement, you will need to determine which parent the child will spend the majority of his or her time with, how the child will be transported between households, and a number of other issues, such as parenting time during the holidays.

Parental Responsibilities and Parenting Time

Illinois replaced the terms “child custody” and “visitation” with the terms “allocation of parental responsibilities” and “parenting time” in 2016 as part of a major overhaul of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Divorcing parents in Illinois must decide how they will distribute parental responsibilities and parenting time, and these decisions will be formalized in their official parenting plan or parenting agreement.

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Western Springs child custody attorney

Illinois courts make all child-related decisions based on the child’s best interests. Unfortunately, it is sometimes in a child’s best interest not to spend time with one of his or her parents. If a mother or a father cannot adequately protect a child’s safety or provide for the child’s basic needs, that parent may be declared an “unfit” parent. This means that the court may place restrictions on some or all of the parental rights, including parenting time. If you have reason to believe that parental fitness may be a consideration in your child-related legal dispute, speak to an experienced divorce attorney to receive the personalized guidance you need for a favorable outcome.

Establishing Parental Fitness

The question of parental fitness is often brought up during child custody disputes. If evidence shows that a parent is unfit, he or she may no longer be permitted to share in decision-making responsibility for the child, and restrictions may be placed on his or her parenting time. A range of issues can bring a parent’s fitness into question, but courts typically consider a parent to be unfit if one or more of the following elements are present:

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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