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Kane County family law attorneysToday’s world is, in many ways, more connected than ever before. Thanks to the rise of digital and online technology, it has never been easier to look for new employment or educational opportunities that may exist far from your current home. For some people, it is also relatively easy to pick up and move to a new city or state in search of a better life, but this is not the case for everyone. If you are divorced, separated, or unmarried and you and your child’s other parent share parental responsibilities, moving to a new area can be rather complicated.

How Far Is Too Far?

The Illinois Marriage and Dissolution of Marriage Act provides that any move that qualifies as a “relocation” must be approved by the court in advance. A relocation is any move by a parent with half or more of the parenting time with the child that exceeds a certain radius from the current home. If you currently live in Kane County—or Cook, DuPage, Lake, McHenry, or Will County—an in-state move of more than 25 miles is a relocation. If you currently live in any other county, a relocation is any in-state move of over 50 miles. Finally, if you live anywhere in Illinois and move more than 25 miles to a new out-of-state home, the move is considered a relocation.

Why Is Approval Needed?

The law requires you to obtain the court’s permission for a relocation to ensure that the rights of your child’s other parent are not being unduly compromised. The other parent—in most cases—has the right to reasonable parenting time with your child and the new geographical distance can present major challenges. Obtaining the court’s approval can be relatively easy if the other parent does not object to your proposed relocation. If you are able to negotiate a new parenting time plan that allows for a continued relationship between the other parent and your child, the move will likely be allowed to proceed. If the other parent does not agree and you still wish to pursue the relocation, you will need to convince the court that move serves your child’s best interests.

Kane County family law attorneyChild support is intended to help parents provide for their minor children. Generally, an order for child support will terminate once the child turns 18 years old. If the child is still enrolled in high school at age 18, the child support is extended through age 19. However, there are some instances where child support orders can extend past the usual age 18 or 19 cutoff.

A child who is physically or mentally disabled may not be able to care for himself or herself and will therefore need the assistance of a parent or guardian well into adulthood. In cases such as these, courts may order one or both parents to continue to contribute to support. These support orders can last as long as the court finds necessary to secure the disabled child’s quality of life.

Not Every Disability Necessitates Ongoing Support

Kane County family law attorneyToday, Americans are getting married for the first time later in life than ever before, and there has also been an increase in the number of remarriages. As a result, more and more couples are drafting prenuptial agreements. It is understandable to wonder how age and remarriage affect the need for a prenuptial agreement, or prenup, but the answer is quite simple. Those who marry when they are older—including second and third marriages—generally bring more into a marriage. In this context, “more” does not just mean assets and debts. It also refers to obligations for children, spousal support, and other considerations.

A prenuptial agreement can be a valuable tool that allows both spouses to protect themselves and any children from a previous relationship, but only if the document is drafted and executed properly. Many couples operate under the assumption that their prenup will protect them down the road only to find out that there was a flaw that caused the agreement to become unenforceable. In Illinois, the court may set aside a prenuptial agreement for reasons such as:

  • Deception or incomplete disclosure: Before you sign a prenup, you must make a full financial disclosure to your partners, and he or she must do the same. While this can be waived, doing so is rarely a good idea. If you or your spouse leave out or “forget” particular debts or assets, the agreement may not have been based on accurate information, and it may be deemed invalid;
  • One party was forced to sign: A prenuptial agreement is meant to be a voluntary contract between the parties. If you were impaired by alcohol or drugs or forced to sign under threats of violence, the court may set aside your agreement. An ultimatum—such as threatening to call off the wedding—is not generally considered to be coercion;
  • Lack of counsel or proper consideration: Illinois law does not require both parties to hire an attorney before signing a prenuptial agreement, but having a lawyer at least look over the agreement is a good idea. If your spouse has an attorney and you do not, you could be at a serious disadvantage. It is also important for you to have enough time to read, understand, and agree to the terms of the agreement;
  • Extreme unfairness (unconscionability): The provisions of your prenup do not need to be equal for both parties, but they cannot be dramatically one-sided either. For example, if your agreement says that in the event of a divorce, you will assume responsibility for all marital debts while your spouse will receive all of the marital assets, the document is not likely to be enforced.

We Can Help

Kane County divorce lawyersEveryone “knows” that about half of all marriages end in divorce. While this statistic is not strictly true—the real number is estimated to be between 30 and 40 percent—the reality is that thousands of divorces are granted every year in the United States, including many here in Illinois.

In terms of the law, a divorce is a civil legal action between two parties that seeks to dissolve the marital contract between them. When filing any type of legal action, the person who files the action must have a reason or “grounds” for doing so. In Illinois, there used to be many possible grounds on which a divorce could be sought, but there is only one that is still available.

Irreconcilable Differences

Geneva property division lawyersIf you are considering divorce, you may be worried about how you and your spouse’s combined property will be divided. You may have seen television or movies where a spiteful spouse takes their former partner for everything, leaving the other spouse destitute. Luckily, the reality of property division during divorce is much more reasonable. Illinois courts distribute property and assets according to “equitable distribution” laws, which means that although property may not be divided 50/50, it will be divided justly.

What Is Considered Marital Property?

Not every asset that a spouse owns is eligible to be divided during a divorce according to Illinois laws. Only marital property, which is most property acquired during the marriage, will be equitably allocated between the spouses. This is not as simple as it may seem, however. For example, if a person is awarded a cash inheritance from a deceased relative, this money is considered separate property. It cannot be divided up during divorce. However, if the individual adds that money to a joint banking account or uses it to pay family bills, it becomes marital property and therefore is subject to division.

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