The first thought that often comes to mind for many people once divorce becomes a reality is, “Who is moving out?” The idea of staying in the same city, let alone the same house, is typically too overwhelming to bear, and someone decides to leave the residence. Before you pack your bags and head for the door, you may want to reconsider.

Door May Not Reopen When Leaving Home During Divorce

Sometimes the feel, noise, and finality of slamming door are satisfying. The motion brings a physical release and closure to a heated argument loaded with emotion. However, if you walk out that door, you may not be able to get back in, and your ex-spouse then has possession of everything inside.

If you are both in the home and neither of you want to leave, your spouse would have to ask the court to have you removed from the house, which takes time. Usually, with a “stay away” order, a judge only removes an individual if they are found guilty of domestic violence or are in some way endangering their ex and children.

In Illinois, parents no longer have “custody” of minor children. Instead, parents claim “parenting time” and “decision-making authority” for their kids. These terms replaced custody in 2016 when Illinois made drastic changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

Some parents believe if they share an equal amount of parenting time, the estimated child-related expenses should be the same, and that neither party should pay child support payments. However, Illinois court disagree.

Let’s explore the influential factors for determining child support payment amounts,

During the divorce process, which can last more than a year in some cases, many people seek new companionship. If you are not officially divorced, however, you are still legally married and should be conscious of potential repercussions.

The idea of “almost divorced” does not exist; either you are divorced or you are not. Now that you and your spouse have decided to split, it may seem like the ideal time to boost your self-esteem and pursue potential love interests, but doing so can have negative implications.

Why Not to Date During Divorce

Divorces are very taxing, emotionally and physically. You often feel a drastic decline in self-esteem. You may feel ready to move on. Your friends might even encourage you to find someone new to help you “get over” your ex-spouse. Acting on this temptation, however, can backfire.

Dealing with divorce and separation can be tricky around the holidays, especially when children are involved. Kids may focus on their memories of Christmases past and struggle with their emotions as they adjust to the way their lives have changed this year. Rather than allowing the holiday season to become filled with anger, resentment, sadness, and stress, it is your duty as a parent to generate excitement for this season, giving the gift of joy to both your children, and even to your ex, by creating a parenting time arrangement that works for everyone.

Here are a couple of tips for making that possible:

Do Not Make Children Choose

You and your spouse may disagree about who gets to have parenting time on Christmas Day. Perhaps you cannot come to a civil agreement, because the holiday is equally important to each of you. Whatever you do, do not put the burden of choice on your children. Holiday parenting schedules should be outlined in your parenting time agreement to avoid any confusion.

Prior to the 2015 Supreme Court case Obergefell v. Hodges, which legalized same-sex marriage in the United States, many same-sex couples entered into a domestic partnership. However, this term has been sunsetted in Illinois, meaning the laws regarding these relationships have been terminated. Both same-sex couples and opposite-sex couples now have a choice between civil unions and marriage.

If you hold a Domestic Partnership Certificate, you do not automatically qualify for the rights that married spouses enjoy, such as benefits, survivorship, or ownership rights. Your domestic partnership is still a matter of public record, thus maintaining its validity; however, no future Domestic Partnership Certificates will be issued. The term “domestic partnership” now refers to an informal, long-term, committed relationship rather than a legally binding union.

Entering into a Civil Union or Marriage

While same-sex marriage is now legal throughout the United States, some couples do not want to enter into a marriage and opt for a civil union instead. The option is available to same-sex couples and opposite-sex couples alike. The primary difference between civil union and marriage is that a civil union is solely recognized within the state of Illinois, while marriage is federally recognized. According to the Illinois Religious Freedom Protection and Civil Union Act, once you enter into a civil union, you are granted many of the same rights in Illinois as those offered to married spouses. If you opt to enter into a civil union or marriage, any existing domestic partnership automatically terminates without further documentation.