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IL divorce lawyerGetting a divorce is an extreme life change. Nearly every single aspect of your life is affected when you make the decision to get a divorce. And not just your life -- the lives of your family members are also affected. Even though your children are not the ones getting divorced, divorces do not discriminate and affect everyone around them. It is not uncommon to seek a change in scenery after a divorce. For some people, moving allows them to be closer to family, closer to a job opportunity, or simply just offers a fresh start. Children are often a point of contention throughout divorce, but they can also be a point of contention when it comes to relocating.

Petitioning for Relocation

If you were assigned the majority of parenting time or an equal amount of parenting time during your divorce, you can ask the court to allow you to move with your child. To do this, you must first notify your child’s other parent in writing at least 60 days before the intended move. Your notice should include your date of relocation, the new address where you and the child will live, and how long the relocation will last if it is not permanent.

If your child’s other parent signs the notice, then you can move with your child without further court intervention. If the child’s other parent objects to the relocation, you must then file a petition to relocate with the court.

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Illinois divorce attorney, Illinois family lawyer, Illinois abusive spouse lawyerAccording to the National Institute of Mental Health, nearly one in five U.S. adults live with a mental illness, and approximately one in 25 adults in the U.S. (11.2 million) experiences a serious mental illness in a given year that substantially interferes with or limits one or more major life activities. One of these major life activities may be divorce, adding to the complication of the situation.

The Illinois Marriage and Dissolution of Marriage Act

Filing for divorce is not an easy process. When filing, you may take one of two options: filing with “grounds for divorce” or “no-fault.” However, unlike most other states, a spouse’s mental illness isn’t grounds for divorce in Illinois.

As of the change in 2016, The Illinois Marriage and Dissolution of Marriage Act, Illinois is now a no-fault divorce only state, meaning that all fault-based grounds have been eliminated, and a claim of irreconcilable differences (an irretrievable breakdown of the marriage) is the only way to legally file. Although a mental illness issue or impairment cannot be the reason to file for divorce, it may affect the outcome of the divorce.

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parentingIn the past, parenting was often solely an option for heterosexual couples. Whether through biological means or adoption, the nuclear family became the norm in American culture. Times have changed and this is now no longer the case. Many same-sex couples now have large families, both biologically and through adoption. Despite the open-mindedness that has now spread throughout the U.S., same-sex couples still experience legal differences in terms of parenting.

What Is Second Parent Adoption?

 In the eyes of the court, there is a difference between the biological parent and non-biological parent regardless of the amount of parenting each person actually does. This means that the non-biological parent does not have any legal rights of the child. If the child was sick in the hospital, only the biological parent is considered family. In the case of separation or divorce, the non-biological parent would have no right to see their child if the biological parent made that decision. While this may not be an issue when both parents are on good terms, this could become a problem if the marriage goes south. Many do not realize the power that emotions can have over a person until they experience heartbreak or a downhill marriage.

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