Naperville Divorce Law Firm
Recently Illinois passed a new divorce law, the Illinois Marriage and Dissolution of Marriage Act, which will become effective on January 1, 2016. The new law is a complete overhaul of the prior law and includes many changes which are aimed at having a “child centric” approach the rights and responsibilities of parents. Rather than focusing on antiquated terms such as “custody” and “visitation” which tend to cause parents to focus on their own wishes, the new law intends to put the needs of children first.
Custody will now be called “allocation of parental responsibilities.” Parents will be expected to submit a parenting plan to the court within the first 120 days of the case. The factors that the court will consider in determining allocation of parental responsibilities and allocation of parenting time have changed. The burden of proof required for modifying parental responsibilities and parenting time has changed. These modifications have also been made to the Parentage Act, for parents who were never married.
Removal, or moving the children permanently outside of the State of Illinois, will now be called “relocation.” For people living in Cook, DuPage, Kane, Lake, McHenry and Will counties, relocation is defined by moving more than 25 miles away from the child’s current residence. For other counties, relocation is defined by moving more than 50 miles away from the child’s current residence. It will be possible to move outside of Illinois, for instance to a nearby town in Indiana or Wisconsin, without conducting relocation proceedings, so long as the relocation is within 25 or 50 miles respectively.
Grounds for dissolution have been abolished, and the only basis for a divorce is “irreconcilable differences.” Similarly, the previous requirement for a two year separation period has been removed. Residing separately for a continuous period in excess of six months prior to the entry of a judgment for dissolution of marriage creates an irrebutable presumption that the parties have irreconcilable differences.
Seek the Help of a DuPage County Divorce Lawyer
To ensure that you are in the best possible shape to begin a journey down a different life path, it is critical that you seek the help of Fay, Farrow & Associates, P.C. We have over 95 years of combined experience concentrating in Illinois family law. We are knowledgeable of the changes in Illinois divorce law and how it might impact you. We are conveniently located in Naperville, Illinois and we do not charge for an initial consultation. Give us a call at 630.961.0060 to learn how we can protect your family.