Back in 2016, a number of amendments to the Illinois Marriage and Dissolution of Marriage Act, were put into effect. The primary changes of note included an elimination of fault-based divorce grounds, waiting period before a divorce, and determination of visitation and child custody. Downers Grove divorce attorneys can provide the needed information about these changes and how they might affect you in your own divorce.
Prior to the passage of Senate Bill 57, there were two types of divorces possible in Illinois. These included fault and no-fault grounds. With the passage of this law, there is no longer a distinction. All divorces are considered to be the result of irreconcilable difference. As such, the divorce is not considered the fault of one spouse and is rather due to a relationship not working out between two individuals.
With the old laws in place, a married couple needed to separate for a period of at least two years before they would be able to file for a divorce. That waiting period is now a thing of the past. The current requirements do say that the couple must have been separated for six months, but it is possible to meet this criterion while living together. The couple simply needs to show that they were no longer living as married, with separate household expenses and the like.
In years prior to 2016, the terms custodial and non-custodial parent was in place to define which individual had custody of the children and which was responsible for visitation and payment of child support. The terminology has been changed to instead describe the way parental responsibilities are allocated rather than using the word custody. In the same vein, parenting time is used instead of visitation.
The reason behind this change relates to giving both parents a chance to divide responsibilities and parent their child. This also means life decisions like education, religion, medical, and extracurricular options, are shared between the parents based on the role they played in the children’s lives.
With these many changes, you may want the help of Downers Grove divorce lawyers to ensure you know all your rights and responsibilities. Cesario & Walker are happy to help you with that and can provide legal counsel on all your divorce matters. You can call 630-920-8800 to schedule your free consultation.
