How Recent Changes to Family Law in Illinois May Affect Your Case

 Posted on July 05, 2016 in Family Law

Every year, changes and modifications are made to existing laws. Oftentimes, they are made to ensure current laws reflect the needs and situations experienced by today’s members of society. Other times, changes are made to improve how the system functions, or to better define our laws. Both prompted the most recent changes to Illinois family state laws. Understand what these charges are, and what they mean for your divorce, custody, or family law case.

No-Fault Divorce Seeks to Reduce Contention

Prior to 2016, couples often filed for divorce based upon reason or circumstances. The new laws eliminated these reasons, including the popular “heart balm” divorce options like spousal alienation and infidelity. Now there is only no-fault divorce – a simple, clear-cut filing that couples can use to indicate that, for one reason or another, the marriage broke down and cannot be resolved. The theory is that, by removing fault and finger-pointing, couples could focus on the legal aspects of their divorce instead of getting into arguments about who wronged whom. In short, the change was meant to reduce contention during divorce, both in and out of the courtroom.

Child Custody (Allocation of Parental Responsibilities) and Visitation (Parenting Time)

Under the new laws, child custody became allocation of parental responsibilities, and visitation became parenting time. While these changes maintain concepts and structures that roughly resemble the former concepts, they are meant to encourage parents to focus on the best interest of the child, rather than on who is “winning” Some of the changes also sought to improve the life of both parents and children. For example, the child relocation laws may allow a parent to move their child into a neighboring state, or within a certain radius from their original location, without having to obtain approval from the court. Moving distances that exceed the predetermined number of miles must still go through the court approval process.

Same Sex Divorce and Custody

Illinois began taking steps to improve the legal process for same-sex couples before the nationwide approval of same-sex marriage. However, there was (and still is) still much to be achieved. Legislation sought to improve their circumstances. Thanks to the new changes, these couples may now legally seek divorce, allocation of parental responsibilities, and parenting time through the courts in Illinois in the very same manner as all other couples. However, these families may still face unique challenges in their family law case. As such, assistance from an experienced family law attorney is highly encouraged when dealing with divorce, allocation of parental responsibility, parenting time, or adoption.

Skilled Legal Assistance to Help You Navigate the Complexities of Family Law

While, in many ways, the new laws have improved the lives of families, they may also add another layer of complexity for some. Furthermore, missteps or failure to comply with the laws, processes, or regulations could have negative consequences for parents or couples during or after their divorce or allocation of parental responsibilities case. A skilled family law attorney can help.

Backed by more than 40 years of experience, Mevorah & Giglio Law Offices is dedicated to helping you effectively and successfully navigate the complexities of your family law case. Committed to helping your family achieve the most favorable outcome, we provide compassionate, high-quality legal services to families throughout DuPage County. To ask how we can help with your family law case, contact our Lombard family law attorneys and schedule a free initial consultation. Call us at 630-932-9100 today.

Sources:

http://ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000