In this video, our Chicago family law attorneys explain how in 2016 the Illinois Marriage and Defense of Marriage Act (the "IMDMA") saw several changes. The intent of these changes was to reduce the likelihood of disputes and to bring the language of the Act in line within the modern realities and understanding of marriage, divorce and parenting.
Irreconcilable differences will now be the only grounds for divorce in Illinois. Previously, parties could list irreconcilable differences or one of several specific statutory grounds when filing for a divorce. However, irreconcilable differences used to require a time of living separate and apart than specific grounds (2 years). Now, the time of living separate and apart is 6 months, and can be waived if both parties agree.
The terms "custodial parent" and "visitation" have now been replaced by "allocation of parenting time and responsibility." Also, four categories of parenting responsibility will be divided among the parents, those being religious, educational, extra-curricular, and medical responsibility.Parents were previously permitted to move anywhere in-state without leave of court, but required court permission to move out of state. Now the determination is based on distance instead of state lines. Parents may now move within 25 miles without a court order, regardless of in-state or out. Moves of more than 25 miles will require permission of court. Outside of the Chicago metro area, parties can move within 50 miles without leave of court as long as it is in-state.