Monday, March 14, 2016

Major Changes Made to Illinois Divorce Laws and Child Custody Rules

This year significant changes have been made to family law and the Illinois Marriage and Dissolution of Marriage Act (IMDMA), as reported by CookCountyRecord.com. For the most part, the changes that came into effect on Jan. 1st this year has an impact on every divorce lawyer in Illinois and the families that they represent. The new law has brought about significant changes to divorce and child care laws.

According to Chicago, IL divorce lawyers, in the years past only smaller revisions were made to issues such as same-sex marriage and maintenance revisions. However, this time around the type of reform is more comprehensive and profound. The changes were signed into law by Illinois’ Governor Bruce Rauner on July 21st, 2015 after lawmakers approved of Senate Bill 57. This is in effect is the first revisions to the ‘Dissolution of Marriage Act’ in decades.

Getting a divorce is not always your fault. Sometimes things do not work out. If you got to know each other before the marriage and things turn south on you after you are married, it happens. Your spouse is going to lawyer up. Your spouse is going to start taking notes on you, certainly if a child is involved. You need legal help, you need to click right here: Divorce.USAttorneys.com. This process may take a little longer than it takes to brush your teeth but you can find a legal counselor using this site in a few minutes. Contact us if you want. We are right around the virtual corner.

Changes in terminology

The changes tend to include new terminology that reflects issues such as gay marriage. Child custody will now be referred to as the allocation of parenting time and time while the gender-neutral term ‘spouses’ replaces husband and wife. Some Chicago, IL divorce attorneys say that the revisions take the sting out of the term child custody, others believe it is another sign of political correctness infecting America.

All of a sudden, in the past 20 years, the left believes they understand the concept of raising a child better than hundreds of cultures going back 40,000 years. How big is that ego?

Allocation of parenting time

For the most part, the changes to child custody are a reflection of how children are parented today. When deciding allocation of parenting time, judges can now consider a variety of factors such as the level of involvement of each parent in the 2 years prior to filing for divorce. Wow! Now that is logical. Many people like the sound of that.

Another integral issue is whether one of the parents attempted to cause estrangement with the other parent and the child. Child-rearing responsibilities have been divided in four distinct categories namely, education, religion, medical, and extra-curricular. Any conflicts with these issues in child custody disputes will be closely considered by judges in their decision-making

Flexibility in relocation

Divorce lawyers in Chicago, IL highlight that under the previous law a parent required a court order to move anywhere within the state but could move anywhere outside the state without a court order. Under the new law, parents are now permitted to move within 50 miles in the state and up to 25 miles across state lines as long as both parents mutually agree. There is nothing wrong some freedom.

In this recession, you may have to relocate for a job if you can find one.


Alimony

The new law also addresses alimony and how it is determined. The award must be equal to 20% of the paying spouse’s gross income minus 20% of the recipient spouse’s gross income but should not be more than 40% of the couple’s total income.

Irreconcilable differences are sufficient

One of the major changes brought about is that divorcing couples in the state of Illinois will now only need to cite irreconcilable differences as a reason for dissolving their marriage. Earlier, they would have to agree to waive the two-year waiting period or prove grounds such as adultery, abuse, or domestic violence, in order to file for divorce. Sounds reasonable.

If you are in the process of filing for divorce or have issues such as alimony, child custody, paternity, visitation, and division of property to resolve, all you need is to reach out to a divorce lawyer in Chicago, Illinois or wherever you are at. We have you covered. 

No comments:

Post a Comment

Popular Posts