If you are contemplating a divorce in Illinois, here are five important facts for you to know:. If you are considering a divorce and would like more information about what you can expect along the way, we encourage you to contact us for a free, no-obligation consultation. To speak with Gurnee divorce attorney Deanna J. Bowen in confidence, please call or request an appointment online today. What are the Grounds for Divorce in Illinois?
View Larger Image. If you are contemplating a divorce in Illinois, here are five important facts for you to know: Illinois Has a Residency Requirement. This requirement can be satisfied through residence i. However, if you recently moved to Illinois, you do not have to wait 90 days before starting the divorce process. It takes time to prepare, and you can do these preparations in advance so that you are ready to file as soon as you are eligible.
Unlike some other states, Illinois does not have a waiting period between the date you file for divorce and the date on which your divorce can be made final. If you and your spouse are ready to get divorced and you have resolved all of the issues involved in your divorce , it is possible that you could go to court and go home with a divorce the same day.
Entry of Appearance - Petition for Dissolution of Marriage
Prenuptial and post-nuptial agreements are both enforceable under Illinois law subject to certain conditions and limitations. If you and your spouse signed a prenuptial or post-nuptial agreement, it will be important to assess the impact of this agreement before taking other steps related to your divorce. Getting Divorced is a Process. Even under the most straightforward of circumstances, getting divorced is more involved than most people realize. From accurately identifying your separate and marital assets to calculating child support and reaching a legally-enforceable agreement with regard to custody and visitation, there are several issues that most spouses will need to carefully consider.
Finally, when you get divorced, in addition to taking a number of proactive steps, you also need to avoid some potentially costly mistakes. This is a change from current law and increases the options available to the court and, as a result, further encourages parties to settle their cases. In addition, the new provisions also clarify that the maintenance guidelines included in Public Act do not apply to a payor with obligations to pay child support or maintenance or both from a prior relationship. Further and of significant impact, the new IMDMA provides that the court may consider "all sources of public and private income including, without limitation, disability and retirement income" as a factor when determining maintenance.
Like temporary support, a petition for temporary attorneys' fees in a post-judgment matter may now be heard on a non-evidentiary, summary basis. The section governing educational expenses for a child who wishes to attend college has been revised to ensure more consistency and fairness. In formulating this recommendation, the IFLSC considered parents' need to also plan and prepare for their own retirement while also meeting any statutory post-high school educational obligations on behalf of their children. For example, post-high school educational expenses must be incurred no later than the student's 23rd birthday unless otherwise agreed to by the parties or for good cause shown.
However, an award cannot be made after the student's 25th birthday under any circumstances. Further, the maximum amount of expenses for tuition, fees, housing, and meals is now capped at what is charged at the University of Illinois at Champaign-Urbana, unless good cause is shown.
Support under this section ends when the student fails to maintain a "C" average unless in the instance of illness or otherwise extenuating circumstances , becomes 23 years of age or older, receives a bachelor's degree, or marries. Children are not third-party beneficiaries under this section and not entitled to file a petition for contribution.
Relief under section is retroactive to the date of filing of the petition, which resolves split appellate court decisions on this issue. Goodbye 'custody' and 'visitation,' hello 'allocation of parental responsibilities'. Family law will no longer be a winner-take-all litigation process. Courts will no longer award "custody" or "visitation" under the new statute, so that a parent may be allowed to "visit" with his or her child.
Rather, courts will allocate "parental responsibilities" formerly custody and "parenting time" formerly visitation. Parental responsibilities are broken out into categories reflecting different needs a child may have. For example, if one parent is a teacher and the other a doctor, a court might allocate the decision-making responsibility for education to the teacher and for health to the doctor. Ultimately, the statute still applies the same standard under current law - that the court allocates decision making responsibilities according to the child's best interests.
Both parents, within days after service or filing of a petition for allocation of parental responsibilities, must file with the court a separate or joint proposed parenting plan. The time for filing a parenting plan may be extended for good cause shown. The parenting plan must contain at a minimum information meeting 14 statutory criteria, which includes but is not limited to, allocation of significant decision making responsibilities, provisions regarding parenting time, a mediation provision, rights regarding access to records, etc. If the court does not approve a joint parenting plan, it must make express findings justifying its refusal to do so.
A parent who has been allocated a majority of parenting time or equal parenting time may seek to "relocate" with a child. Specifically, the parent seeking to relocate must provide written notice to the other parent and file the notice with the circuit court clerk and must provide 60 days' notice. If the non-relocating parent signs the notice in agreement, no further court action is required.
If the non-relocating parent objects or the parties cannot agree on modification of the parenting plan or allocation judgment, the parent seeking to relocate must file a petition seeking permission to relocate, just as they would under prior law. Under current law, a custodial parent may move from Chicago to Cairo without asking for permission and for any reason.source
Illinois Marriage and Dissolution of Marriage Act- 3 Major Changes
Under the new provisions, a parent residing in Cook, DuPage, Kane, Lake, McHenry, and Will counties may move up to 25 miles from his or her current residence without leave of court. A parent who lives less than 25 miles from the state border may move no more than 25 miles from his or her current residence into a bordering state without leave of court, but Illinois courts will retain jurisdiction over the case pursuant to a cross-referencing amendment to the UCCJEA.
Under this same example, the same parent could move up to 25 miles from Calumet City into Indiana for example, the parent could move to Merrillville, Indiana 21 miles away from Calumet City but could not move to Valparaiso, Indiana 32 miles away from Calumet City without leave of court or permission of the other parent. The relocation provision applies to parents who have been allocated a majority or equal parenting time parents who do not have a majority or equal parenting time are not required to obtain approval for a move. The new general rule is that a court is required to modify a parenting plan or allocation judgment if necessary to serve the child's best interests if the court finds by a preponderance of the evidence: 1 a substantial change of circumstances has occurred with the child or of any parent caused by facts that have arisen since the entry of the existing parenting plan or allocation judgment or were not anticipated in the plan or judgment; or 2 that the existing allocation of parental responsibilities seriously endangers the child's physical, mental, moral, or emotional health.
The court may modify a parenting plan or allocation judgment without a showing of changed circumstances if it is in the child's best interests and any of the following circumstances occur: 1 the modification is minor; 2 the modification reflects the actual arrangement under which the child has been living without parental objection for the six months preceding the filing of the petition for modification; 3 the modification is necessary to modify an agreed parenting plan or allocation judgment that the court would not have approved or ordered if the court had been aware of the circumstances at the time of the order or approval; or 4 the parties agree to the modification.
The intent of the new statute is that its implementation will not serve as a substantial change in circumstances to modify current custody judgments, similar to when the child support guideline percentages were modified and that did not constitute a substantial change in circumstances for modification purposes. All pending cases will be decided based upon the new model.
The changes are effective on January 1, and apply to new and pending proceedings. With a growing number of divorces and children born to unmarried couples in society as a whole, these laws impact more and more families every year.
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In addition, for those attorneys practicing family law, the implementation of the updated laws will be a time of transition, as they must know and understand the changes and adapt not only to the revised laws, but to changes in terminology, standard forms, and procedure in some instances. Erin B. The IFLSC was a bipartisan committee composed of experienced family law practitioners, judges, and legislators. It included an equal number of appointees by the Illinois House majority and minority leaders. In addition, members of every major bar association in Illinois were included in the initial review process, along with judges, family law experts, Illinois state representatives, attorneys, accountants, professors, and others experienced in family law.
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It conducted four public hearings where judges, experts, professors, child psychiatrists, and others with experience in all aspects of family law testified two in Chicago, one in Springfield, and one in Waukegan. House Speaker Michael Madigan appointed P. Chapin Rose , Rep. Jill Tracy, and Hon. Jane Waller Ret. Mark Lopez replaced Hon. William Boyd , Hon. Benjamin Mackoff Ret. Jeffrey L. David H.
Financial Issues and the Division of Marital Property After Many Years of Marriage
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