Erlich Law Office

Call Today (630) 538-5331
Call Today (630) 538-5331
Evening and weekend appointments available
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

No More Grounds for Divorce in Illinois. What this Means for Divorcing Couples

Denise Erlich Image avatar by Denise Erlich

two-people

Effective January 1, 2016, there will be significant changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The laws that govern marriage, divorce and child custody (parental responsibility) in the state have undergone a huge overhaul, and one notable change is an update to establishing grounds for divorce.

The Old Laws

Up to this point, Illinois law has required that divorcing parties establish grounds for their divorce. These grounds ranged from adultery, desertion, impotency and bigamy to drunkenness, drug addiction and mental cruelty. Though a no-fault option of “irreconcilable differences” could be claimed, it was far from the only ground available for divorcing spouses.

The concept behind establishing grounds was that there was an “innocent” and “guilty” party when it comes to divorce. Though either party could file for a divorce, many lawmakers found the grounds-based system antiquated, leading to the updates. Fault is not used when determining how property is divided or child custody (parental responsibility) is determined in Illinois, so proving grounds has little impact on the outcome of divorce proceedings.

In recent years, successive changes to the Illinois marriage laws due regarding civil unions and same-sex marriages have led to major changes to the IMDMA. The law has not been modified this significantly since the mid-1990s, and before that, in the 1970s. For many, the elimination of the requirement for establishing grounds is a logical progression, which will not have a serious impact on future divorces in Illinois, but this does represent a notable change to the law.

The Reasons Behind the Changes

A majority of the divorces filed in Illinois today list irreconcilable differences as grounds. This being the case, those who pushed for change cited the idea that men and women were not viewed as equal in the establishment of what many view as outdated grounds.

Proving fault-based grounds could turn out to be extraordinarily difficult, and so irreconcilable differences has truly become the default grounds. The current law, set to expire at the end of December, also requires parties to show that they have been living apart for a minimum of two years, and that efforts to reconcile differences have been unsuccessful. This waiting period, which is required in order for the court to find that a divorce is, indeed, no-fault, represents one of the most significant changes to the law, regarding grounds.

The New Laws

The new Illinois law will no longer require divorcing couples to live separately and apart in order to obtain a no-fault divorce. The law will, however, allow parties who have lived apart for at least six months to use this period of separation to prove that they have irreconcilable differences. In other words, the waiting period has been eliminated entirely for couples in uncontested divorces, and reduced significantly in cases where divorce is contested.

The new law also reframes the grounds of “irreconcilable differences,” which will now be referred to as “irretrievable breakdown of the marriage.” The updated law simply states that to obtain a divorce, parties must show that their irretrievable breakdown was caused by irreconcilable differences and that any attempts to reconcile would not be in the best interest of the family or either party.

Additional Changes to Illinois Divorce Laws in 2016

The 2016 changes to Illinois divorce law extend beyond establishing grounds. One meaningful change involves child custody (parental responsibility). The terms “custody” and “visitation” have now been eliminated from the law, and are replaced by “parental responsibilities” and “parenting time.” The responsibilities of parenting are now broken down into specific categories such as health, education and religion.

Changes to the law also affect parents who plan to relocate. Parents in some counties may relocate up to 25 miles from their homes, without permission from the court, while others may move up to 50 miles away.

Other changes to the law are of a financial nature. Child support issues, such as college tuition payment will be impacted. How courts value assets will also be changed. If the marital and non-marital assets are highly complex, the court can seek assistance from an expert, and both parties can cross-examine this expert at a shared cost.

Finally, the cap for a low-cost joint divorce has been raised. This fast-track option, which was once only open to couples making $30,000 a year or lower, has now been raised to $60,000, opening up this possibility to many more divorcing couples.

The 2016 changes to the Illinois divorce law are extensive, and many divorcing couples can find themselves confused about the updates to the laws, and how they will affect their divorce proceedings. Divorce attorneys in Joliet, and across Illinois, are monitoring these changes closely so that they can prepare divorcing couples for their upcoming proceedings.

Share Button

  • Family Law
    • Divorce
    • Child Support
    • Child Custody and Visitation
    • Spousal Support
    • Post-Decree Modification
    • Order of Protection
  • Business Litigation
  • Collaborative Law

Categories

  • Child Custody
  • Divorce
  • Family Law
  • Infographics
  • Spousal Maintenance (Alimony)
  • Uncategorized
  • Visitation
Denise Erlich Avvo Rating Denise Erlich avvo review Denise Erlich Avvo clients choice Denise Erlich Avvo clients choice

Archives

  • September 2022
  • August 2022
  • July 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • December 2014
  • Home
  • Attorney Profile
  • What we do
  • Testimonials
  • FAQ’s
  • Blog

Experience. Trust. Results.

Erlich small logo
Erlich Law Office, LLC
1 Mid America Plaza 3rd Floor
Oakbrook Terrace, IL 60181
Phone Number: (630) 538-5331
Fax Number: (630) 563-2424

Linkedin facebook

 

get driving button visa icon mastercard logo american express logo

Copyright © 2018 Erlich Law Office, LLC. All rights reserved.

Disclaimer | Privacy Policy

Site Map

LawFirm Websites by MarketJD