Whether for personal or professional reasons, people can move down the block or across the world. Many individuals have the freedom to do this at any time, but after a divorce when two parents share the responsibility for a child, this privilege may be restricted. Studies show that up to a quarter of custodial parents move away from the area where they lived as a married couple within two years of their divorce. When a parent considers moving after a divorce, some stipulations must be met to protect the rights of their child and the other parent. 

Parental Relocation Rights in Illinois

In Illinois, the term “child custody” is now referred to as the “allocation of parental responsibilities,” and parents will both have "parenting time" with their children. While the law no longer refers to a "custodial parent," a parent who has the majority of the parenting time or shares equal parenting time may be required to obtain approval before moving to a new home with their child. For a parent living in Cook County, he or she can move with the child up to 25 miles without needing approval from the court. This distance limit applies across state boundaries. DuPage, Kane, Lake, McHenry, and Will Counties follow the 25-mile rule as well, but for all other counties in Illinois, a custodial parent may move up to 50 miles from his or her original home. 

According to research by the American Pet Products Association (APPA), 68 percent of U.S. households include at least one pet. Pets are often considered members of the family. Owning a dog, cat, or another animal has social and emotional benefits for adults and children alike. Pets are technically considered property, but under Illinois law, they are treated differently than a house, car, or other physical assets during a divorce. Therefore, it is important for pet owners who are divorcing to understand their rights regarding who gets to keep the family pet. 

Marital Property and Equitable Distribution

Under Illinois divorce law, marital property is divided based on what is fair. This is called “equitable division.” Instead of a 50/50 split of assets, property and assets are split dependent on factors such as the length of the marriage, each spouse's contributions to the marriage, and the decisions made regarding the custody of children. Every divorce is unique, and an arrangement that may work for one couple may not work for another family. 

We are all familiar with common reasons for why people choose to end their marriage. A divorce can be brought on for many reasons, such as infidelity, lifestyle conflicts, financial disputes, or simply two spouses growing apart. No matter the reason, getting a divorce is a long process with challenges along the way. Given that some people have unusual reasons for getting divorced, legally terminating your marriage can be a complicated process. That is why it is important to understand Illinois laws regarding divorce. In addition, you should have professional legal assistance to make sure your rights are protected throughout the proceedings.   

Illinois Divorce Law

In an Illinois divorce, one party will have to start the process by filing for a petition for dissolution of marriage. The person who filed is known as the petitioner, and the other spouse is the respondent. For an Illinois divorce to be granted, the marriage must be filed in the state, and both the respondent and the petitioner must be living in the state for 90 days. The divorce papers are served to the other spouse, and he or she has a certain amount of time to respond. 

When people get divorced, they are forced to make decisions about splitting the life they built together. In most situations, this will include assets and finances. When a couple has children, this affects the above variables, but also creates new challenges during the proceedings. In most cases, an Illinois judge will keep both divorcing parents in a child’s life, but the care of that child is referred to as the allocation of parental responsibilities and will be organized through a parenting plan.

A parenting plan is an organizational system used by divorced adults with children. The plan allocates parental responsibility and parenting time, which have replaced the terms custody and visitation in Illinois law. These terms mean different things, but they do have overlap. Parenting time is quality time spent with a child. It may be playing their favorite game, providing basic necessities, and disciplining them. Having parental responsibility has more to do with decisions that affect a child's future or well-being. A parent who has parental responsibility will have parenting time. However, there may be cases in which a parent is allocated parenting time but does not have any decision-making responsibility for children. 

Parental responsibility involves making decisions about the following areas, and each of these areas may be shared by parents or allocated solely to one parent:

Being a teenager can be tough. The wrong haircut or a break-up can feel like the end of the world, so the major life changes that teens will experience when their parents go through a divorce can be especially traumatizing. Studies show that slightly less than half of all marriages end in divorce in the United States, and a quarter of teens whose parents divorce will experience emotional issues. Generally speaking, getting a divorce with children makes the split more complicated. Although a teenager will likely be able to conceptualize what a divorce means better than a younger child, the teen’s emotions may be more dramatic.

A divorce can be a turning point in any child’s life, and family changes can cause stress. A teen may develop anxiety and depression, or he or she may go through a phase involving substance abuse or poor grades. Every teen will react to divorce differently depending on their emotional maturity and family relationships. Recognizing signs that your teen is struggling during your divorce is important in order to help him or her cope with the transition.