Can I Stop My Ex from Relocating for Work?

Posted on in Divorce

Geneva divorce lawyerDuring divorce proceedings, the two people ending their marriage must agree on how many issues will be handled going forward. Sometimes, a divorce is contentious, so reaching these agreements can be very challenging. In other cases, it is quite amicable, with the former spouses maintaining an appreciation for each other despite no longer wishing to remain married. When a divorced parent considers relocating for work, this can be a very complicated situation to navigate. If you are a divorced parent and your ex is planning on relocating for their career, and you are concerned about how this will affect your custody arrangements, an experienced Kane County divorce lawyer can answer any questions and start working on a plan to advocate for your rights.

How Does Illinois Law Deal With Parental Relocation?

Life is full of surprises and changes. This is also true regarding divorce. When you and your spouse first decide to split up, you may be working full-time in a promising career, and the divorce settlement might include a stipulation that you need to make monthly child support payments. A few years down the line, you might be laid off from work. If that happens, you’d likely want to petition the court for an amendment to your divorce settlement based on your new circumstances. Your parenting plan might include a joint custody arrangement where your children spend equal time with each parent. If, after a few years, your spouse has a new significant other living with them, you might feel less comfortable with your children sleeping at their house with an unrelated adult there.

Another issue that can be challenging to deal with after divorce is parental relocation. This can affect the children as well as the parents. Depending on how far away the parent is relocating, it might necessitate an entirely new custody arrangement. Even if it is a relatively local relocation, it could impact how the children are transported between parents and have implications for the children’s school district. If it is significantly farther, it could harm how easily the children can be transported between their parents and several other aspects.

Geneva divorce lawyerWhen a couple goes through a divorce, they need to agree on many different ways in which their formerly merged life will now transition into the life of two separate individuals. They need to figure out and agree about where each spouse will live, what will happen to any joint retirement accounts they may have, whether they will make or receive alimony payments, and more. Of all of the aspects of a divorce, one of the most difficult to agree on is generally what happens to the family home. Property division can be the cause of a great deal of confusion and anxiety. If you think divorce is in your future and you are unsure about what should be done with the home you own, a Kane County, IL property division attorney can answer your questions and advocate for your best interests. 

Why Is It Complicated to Decide What Happens to the Home?

A family home can be the source of bitter disputes during divorce proceedings for several reasons. In some cases, both spouses might want the home. It might serve as a source of nostalgic memories of a better time when the people living there were happier, where milestones were reached, and where happiness once thrived. For other couples, the family home might remind them of darker times when intimacy stopped, when loyalties were betrayed, and when harsh realities may have become impossible to ignore. There are a few scenarios that could play out when a divorcing couple is considering the future of their family home:

  • Neither spouse wants to live there, and the mortgage has been paid in full. This is one of the best-case scenarios. The house can be sold, and the couple can split the profits.
  • Only one spouse wants to stay in the house. In this case, the couple would need to figure out some monetary way to compensate the spouse who leaves the home.
  • Both spouses want to keep the house. This is a case in which property division likely becomes extremely difficult to resolve.

Things to Keep In Mind When Deciding the Future of Your Family Home

  • Your custody arrangement: For the sake of the children’s stability, it might make sense for a parent with sole or majority custody to maintain the home.
  • Financial aspects: If you retain sole ownership of the home, you must ensure that home insurance, taxes, home maintenance costs, and the balance of the mortgage can be paid.
  • Emotional aspects: The home may be a reminder of painful and dark times, or it might offer a more nostalgic memory of better days. You need to decide which of these is true for you.

Contact a Geneva, IL Divorce Lawyer

If you and your spouse own a home together and you are considering divorce, a Kane County, IL property division attorney can walk you through the process. Please call [[title] at 630-232-9700 today to start you on your path of advocating for your rights and interests.

Geneva, IL prenuptial agreement lawyerLike most people, you may view divorce as a difficult process to endure. You may worry that there will be many lonely nights thinking about the future, particularly in regard to money. That is why having a prenuptial agreement is recommended. Before a couple ties the knot, this arrangement is a great way to safeguard finances during divorce in an efficient and legal manner. 

In this article, we will explain what a prenuptial agreement is and how it affects the divorce process. Even if you feel you have a firm grasp of prenuptial agreements, it is important to work with a Geneva, IL family law attorney who can best evaluate your situation and help you draft a prenup that is both legally enforceable and tailored to your preferences.

What is the Definition of a Prenuptial Agreement? 

The definition of a prenuptial agreement is a legal arrangement that is created by two partners before they wed. The arrangement dictates how the couple will manage their assets during divorce and can also detail the financial responsibilities of a couple during a marriage. The arrangement is put into action after the couple weds. 

Untitled---2023-08-23T111801.235.jpgChild support is crucial for the well-being and proper upbringing of children. However, when a parent responsible for paying fails to fulfill their child support obligations, it can create serious financial challenges for the parent relying on the child support payments to support the child. In Illinois, wage garnishment can effectively collect unpaid child support from an uncooperative spouse. Today, we will explore the wage garnishment process for child support in Illinois and its potential benefits for the parent seeking child support assistance. 

Understanding Wage Garnishment in Illinois

Wage garnishment is a legal process that allows an individual or entity to collect unpaid debts directly from a person’s earnings. In the context of child support, a parent seeking support can pursue wage garnishment to enforce child support payment from an uncooperative spouse.

Wage Garnishment Process for Child Support in Illinois

  1. Create a child support order – The first step is to obtain a child support order through the court. This legally establishes the obligation of one parent to pay child support to the other parent. 
  2. Request wage garnishment – Once a child support order is in place, and payments are not being made, the requesting parent may request wage garnishment from the court. A Notice to Withhold Income for Support must be completed and submitted to the non-paying parent’s employer or the Illinois State Disbursement Unit (SDU). 
  3. Employer notification – Upon receiving the Notice to Withhold Income for Support form, the employer is legally obligated to begin wage garnishment. They will deduct the specified amount from the non-paying parents’ wages and remit it to Illinois SDU. 
  4. Income withholding order – The income withholding order directs the employer to the frequency and manner in which child support payments should be deducted from the uncooperative spouse’s income. The order may specify the amount deducted. 

Benefits of Wage Garnishment for Child Support 

Wage garnishment provides several advantages, including:

IL divorce lawyerCollaborative law and mediation are both alternative dispute resolution (ADR) methods used in the legal field. While they share various similarities, there are critical differences between the two. Today, we will explore the distinctions between collaborative law and mediation, shedding light on their respective processes, goals, and potential benefits. Have a conversation with your divorce attorney to determine if either process may benefit your situation.

Dissecting Collaborative Law

Often used in family law matters, this process involves each party retaining their collaborative law attorney, who assists them in negotiating a mutually acceptable settlement. The attorneys work with the parties to reach a resolution outside of court. Collaborative law involves face-to-face meetings, typically in a neutral setting, where both parties and their attorney engage in open and transparent discussions. The process encourages the exchange of information and focuses on finding creative solutions that meet the needs and interests of all involved.

Dissecting Mediation

Mediation, like collaborative law, is an ADR method aimed at resolving disputes outside of the

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