Frequently, legal blogs provide a concentrated look at the parts and pieces that make up a divorce. They explain each area in-depth and look at the finer details of the different aspects of divorce. However, it is also important to take more of a bird’s-eye view at the divorce process to understand how it plays out as a whole. Hiring an experienced divorce attorney is always the first step you should take. Not only can an attorney give you a better idea of what the road ahead of you looks like, but he or she can provide an outside perspective on your case while advocating on your behalf.

Filing a Petition

As with any legal process, the court must be notified of the impending legal action. A person who wishes to get a divorce must file a petition. The state of Illinois does not have a waiting period to file a petition, but at least one of the spouses must legally reside in the state on the day of the filing. In order for an Illinois judge to grant the divorce, one spouse must have legally resided in Illinois for 90 days before the judgment.

Families relocate now more than ever before. The modern improvements in technology and transportation make it easier for families to move and keep in touch after relocating. Many divorced couples will choose to do this to help themselves move on from their previous marriage. However, while adults have the right to choose when and where they move, the court has a say in all relocation cases involving children. There are three common situations in which court approval may need to be obtained for child relocation: when a parent moves at the time of the divorce, when a parent moves after the divorce, and when an unwed parent chooses to relocate. Married or not, adults who share children together must get permission from the court if their planned move could potentially affect their existing child custody and parenting time agreements or their child's relationship with the other parent.

What Factors Will the Court Review?

When a parent petitions the court for permission to relocate, or when a parent seeks to prohibit their former partner from moving with their child, the court will determine whether the planned move is in the child's best interests. In most cases, a judge will seek to protect both parents’ rights to spend time with their child. For most children, having both parents in their lives is beneficial, and this idea can affect the court’s ruling on relocation. However, if a child has been exposed to domestic abuse, or if parents continue to argue regularly, relocation may be the best thing that will allow the child to flourish in a conflict-free environment.

A Guardian Ad Litem (GAL) is a legally appointed attorney who is assigned by a judge in child custody cases at the request of one parent or the other (or their attorney). The GAL is supposed to act as the legal representative of the child or children. They are in a position to spend time interviewing the parents, children, and other parties involved in the case, and they will then report directly back to the judge.

Should I Request a GAL?

While you may feel that your children will be better off with a GAL involved in your case, you must understand that the GAL is not supposed to act as an advocate for either parent, and they will focus instead on the children’s needs. They are tasked with legally determining the best interests of the child. Even though you and the GAL both have your child’s best interests at heart, there may be many negatives to involving a GAL in your case.

If you are financially unstable, for example, a GAL may see that as a sign that you may have trouble providing for your children. If you report concerns to him or her that are unfounded, then the GAL may see you as overly emotional and/or acting out of anger rather than out of care for your children. The GAL may be focused on pursuing specific information that he or she knows the judge will want to know, rather than listening to the issues that you feel are important.

Divorce is not uncommon; depending on which reference you are using, the divorce rate in the United States is reported to be anywhere between 40 and 50 percent. With that number in mind, you would think that more people would understand the ins and the outs of divorce, but many topics still seem to be misunderstood by most people. Here are three widely accepted “facts” of divorce and the truths behind them:

1. If One Spouse Is at Fault for the Divorce, They Will Be Penalized

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) only recognizes “irreconcilable differences” as the grounds, or reason, for divorce. No-fault divorce only requires a spouse who files for divorce to state that their marriage has irretrievably broken down, without requiring them to provide a reason. The IMDMA states that decisions about property division and spousal support cannot be made with regard to any sort of marital misconduct. So in short, unless a spouse is dissipating marital property in an affair (such as by using marital funds to buy gifts for a paramour), adultery or other reasons one spouse is at fault will likely not affect the legal aspects of a divorce.