A divorce under any circumstances can be difficult, and when a couple has a child, that can further complicate the process. Typically, parents do not want to give up time with their child once the marriage ends, but changes to children’s and parents’ schedules are a reality of divorce. One parent may be allocated the majority of the parental responsibilities. However, the other parent does have a right to parenting time, which can be addressed with a parenting plan. In some cases, one of the parents may wish to move out of state to be near family members or due to a job transfer or new career opportunity. Depending on the circumstances, child support or parenting time may need to be modified. Therefore, it is important to ensure that parental rights are not violated in any way.

Illinois Divorce Law Pertaining to Relocation

Under Illinois law, if a parent wants to move with his or her child, a written notice must be given to the other parent at least 60 days before the relocation. The relocating parent also needs to submit a copy of the notice to family court for approval. This legal document should contain information such as:

• The date of the move

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Many families enjoy traveling together, and visiting another country can provide parents and children with an amazing experience that allows them to embrace new cultures. However, when a divorced parent plans to travel internationally with their child, this can raise concerns and legal issues. The other parent may worry about the risks the child may face and how international travel will affect their parenting time. If either parent plans to travel with their child to another country, they will need to ensure that the proper legal procedures are followed.

International Travel Restrictions for Children

When a child is preparing to go on an international trip, certain precautions must be taken before he or she can leave the United States. The child will need a passport for international travel just like every other person. However, there are additional processes that must be followed. If a child under the age of 16 applies for a passport, both parents must:

• Consent to the passport application

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When a couple reaches the point where their marriage is irretrievably broken, they will likely seek a divorce. The process of legally ending a marriage can be complicated, especially if there are a lot of issues to resolve. If spouses are argumentative or bitter, this may only further complicate matters. Part of the divorce proceedings involve dividing any marital property or assets. In some situations, one of the spouses may try to hide monetary funds or other valuable possessions. A study by the National Endowment for Financial Education found that 31 percent of spouses with combined assets report they were deceptive about money, and 58 percent of those people admitted to hiding money from their partner or spouse. In divorce cases involving hidden assets, it is imperative to hire professional legal assistance to uncover such deception.

Division of Marital Assets

In the state of Illinois, marital property and assets are divided using the principle of “equitable distribution.” This means they will be split fairly, but not necessarily completely 50/50. Any assets that were acquired during the matrimonial union may be subject to division. Anything that one of the spouses owned prior to the marriage does not have to be split, unless the other spouse contributed to its value in some way. For example, if one party owned a business before getting married, but his or her spouse helped run it during the marriage, that spouse may be able to receive reimbursement for his or her contributions to any increase in the value of the business.

Separate property is considered anything acquired by a spouse before the marriage. However, a gift or inheritance received during the marriage can also be classified as the personal property of one spouse. A prenuptial agreement or postnuptial agreement may also be used to classify certain assets as separate property. At the time of divorce, any property that is labeled as separate property belongs to the spouse who acquired it.

Siblings, grandparents, great-grandparents, and stepparents can play a critical role in a child's development. Bonds formed between a child and his or her family members can produce memories that will be cherished for a lifetime. Sadly, in cases of divorce, or when other conflicts or disagreements arise between extended family members, one or both parents may decide to end a relationship between a child and his or her relatives. While divorce may bring out the worst in people, it is important to remember that a child's best interests should be protected throughout the process. If a parent’s actions have had a negative impact on the relationship between the child and other family members, grandparents or other relatives may wish to take legal action to ensure they can remain in a child’s life. In these cases, an attorney can help family members determine their options for pursuing visitation rights.

How Does a Court Handle Visitation Claims?

For a visitation petition to be filed by a non-parent in the state of Illinois, there must be an unreasonable denial of visitation by the parent or parents. Furthermore, before visitation rights will be granted, it must be proven that the denial of visitation has caused mental, physical, or emotional harm to the child. In determining whether or not to grant visitation, the court may consider the following:

• The child's wishes

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While the divorce process can be difficult, some couples may be able to work together to end their marriage as amicably as possible. Collaborative divorce is an alternative dispute resolution process where spouses and their attorneys work together cooperatively to negotiate an equitable settlement. The focus is on problem-solving based on the couple’s individual and shared values without having to go to court. There are many benefits to a collaborative divorce, but it may not work for everyone. A couple needs to be willing to compromise on certain issues in order to make decisions without a judge getting involved.

Benefits of Collaborative Law

A collaborative divorce has many advantages, and the primary benefit is the ability to avoid going to court to resolve disputes through litigation. Some of the other benefits of using a collaborative form of divorce include:

• It can save time and money.

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