After receiving the order from the court that all property was to be divided in half as part of the divorce, a German man literally cut all of his property in half – from the car, to his phone, to a teddy bear.

Division of Property in Illinois

The misconception in most cases is that divorces will result in the marital property being divided in half, as in the case of the German story. This, however, is not the case in Illinois. Illinois is known as an equitable distribution state. This means in a divorce case, if the parties cannot come to an agreement on the allocation of the marital property, the court will look to divide up the assets based on what is fair under the circumstances of that particular divorce. The following are some but not all of the factors a court may look into:

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Moving after a divorce is a common practice. Often it happens before the divorce is complete. There are almost no restrictions on where a divorced party can move so long as they meet their agreed upon obligations. The primary time relocation can be tricky is when children are involved.

Relocation Involving Child Custody

It is not uncommon for divorced parents to live near each other, but at the end of the day power or decision of relocating the children lies with the custodial parent. The custodial parent is the parent the children live with primarily. Under Illinois law, the custodial parent has the right to move children after a divorce so long as any stipulations, agreements, or restrictions agreed to in the custody agreement are honored and maintained. Furthermore, despite having the right to relocate, the noncustodial parent still should be notified in advance so they may have the opportunity to object if they so desire. Advanced notice is especially critical for parents looking to relocate out of state, because there are then additional steps that may take place if the noncustodial parent wants to stop the move.

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When you think of how divorce is portrayed publicly, you may imagine bitter fights between two people who no longer can stand each other. There are many kinds of divorces, and this particular type is called a contested divorce.

Every state has different requirements for what entails a contested divorce, but it typically describes a situation when two people want to get divorced but do not agree to the terms. Under Illinois law, however, the following situations are considered contested divorces:

• When one party is contesting the very attempt to divorce (i.e. one wants the divorce and the other does not);
• When there is a disagreement over custody and a child’s living arrangement;
• When the parties have differing views on spousal support or child support; and
• When the parties disagree on how to divide the debts and assets.

To account for the fact that individuals may agree to some aspects but disagree to other aspects of the divorce, the Illinois Marriage and Dissolution of Marriage Act has created a bifurcated process in which to handle contested divorces. This means the divorce proceedings/trials are divided into two main parts. The first part deals with grounds or the reason for the divorce itself, while the second part addresses issues such as custody, alimony, debt allocation, etc.

Bifurcated Divorce Process

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Many times, children are the central point of arguments in any family or divorce proceedings. Often, little attention is paid, however, to the rights of children themselves. Parents frequently overlook these rights, instead focusing on their own concerns.

It is important that children are adequately and fairly represented to ensure their best interests are kept in mind. And, in the legal world, there are multiple legal personnel equipped to represent the interests of the children. There can be confusion as to the different options and the names are often used interchangeably, but there are three main options available under Illinois law: guardian ad litem, child representative, and attorney for child.

Guardian Ad Litem

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Uncontested divorce is one of the most popular options for spouses who choose to separate. It does not carry the extreme simplicity and ease in division of assets as a joint simplified dissolution of marriage, but it is simpler than a contested divorce.

The Illinois Marriage and Dissolution of Marriage Act provides for a number of options for ending your marriage. One of these is known as an uncontested divorce. An uncontested divorce simply means that you and your divorcing partner agree to all aspects of the marriage dissolution. In order to petition for a simple uncontested divorce, you must meet all of the following:

• You have not filed for divorce in another state;
• You do not own any real property (ex: a house) that was bought during the marriage;
• You are only asking for child support or no support;
• You and your spouse do not have a pension;
• You do not have a pending paternity suit; and
• Both of you have been Illinois residents for at least 90 days.

The Advantages and Disadvantages of Uncontested Divorce

An uncontested divorce is made simple by the fact that there is no negotiating between the parties; however, this does present significant complications in certain cases. If at least one thing is in question or is contested (even the smallest piece of property), then the divorce is no longer considered uncontested. “Simple uncontested divorces” are also rare because very few couples lack at least one of the following: retirement investments; real estate; or children. Typically, at least one of those is present in the marriage. However, this does not mean you cannot have an uncontested divorce. If you have children, property, real estate, or retirement investments with your spouse, you both must reach a fair division of property and/or child custody/support agreement in order for your divorce to be considered uncontested. The same applies to any debts you may share with your soon to be ex spouse.

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