In the following video, Downers Grove family law attorney Kevin O'Flaherty discusses recent changes to Illinois divorce law.
Recent Changes To Illinois Divorce Laws
Our Downers Grove family law team is here to help you understand some of the recent changes to family law in Illinois.
2016 brought many changes to Illinois Divorce Law, which were intended to reduce the likelihood of disputes and modernize the divorce process. Below are some of the most important revisions to the Illinois Marriage and Dissolution of Marriage Act:
- Grounds for Divorce: Prior to 2016, grounds for divorce could be either irreconcilable differences or a myriad of more specific statutory grounds, such as adultery or substance abuse. The waiting period during which couples were required to live separate and apart was longer for irreconcilable differences than if the party seeking divorce pled one of the specific statutory grounds for divorce. Now, the only ground for divorce in Illinois is irreconcilable differences. The parties must live separate and apart for 6 months prior to divorce. However, this requirement can now be waived by agreement of the parties.
- Custody and Parental Responsibility: The terms "custodial parent," "non-custodial parent" and "visitation" are no longer used. Instead of determining custody, the divorce court now determines the "allocation of parental time and responsibility." By no longer referring to the parent who receives less time with the child as the "non-custodial" parent, the legislature hoped to soften the blow on that party and reduce disputes. Responsibility for major decisions is also now divided into four categories, which will be divided among the parents: medical decisions, educational decisions, religious decisions, and extra-curricular decisions.
- Parental Relocation: Prior to 2016, the custodial parent could move anywhere in the state of Illinois without a court order, but needed court approval to move out of state. According to the new law, parents can move within 25 miles in-state or out-of-state without seeking court approval. Outside of the Chicagoland area, parents are permitted to move 50 miles without court approval, unless the move is out of state.
Read the entire article by our Downers Grove Family Law Attorneys on recent changes to Illinois divorce law.
In this video, Downers Grove divorce attorney Kevin O'Flaherty discusses divorce petitions.
Filing A Petition For Divorce in Downers Grove
Our Downers Grove family law lawyers use the following article to explain how to file a petition for dissolution of marriage in DuPage County.
Your petition for dissolution of marriage should inform the court as to the factual background of the marriage, the assets and debts of the couple, and any other issues between the parties. We include discussions on how to determine the proper venue for your divorce petition and what information needs to be included in the divorce petition.
Read the full article by our Downers Grove family law lawyers on how to file a divorce petition.
For this video, Downers Grove family lawyer Kevin O'Flaherty discusses the division of property in Illinois divorce cases.
Maintenance Awards in Divorce: Factors Illinois Courts Consider
In this article, our Downers Grove family law attorneys explain the factors that courts consider in determining whether spousal maintenance is appropriate, how family law courts calculate the amount and duration of spousal maintenance under Illinois guidelines, and how Illinois family law courts determine when to deviate from the guidelines for amount and duration of spousal maintenance.
Read the full article by our Downers Grove family law lawyers explaining Spousal Maintenance in Illinois.