Free Initial Consultations
630-580-6373With offices in Naperville, Joliet, Wheaton, Plainfield & Chicago
630-580-6373630-580-6373
Changes have finally come to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5)—changes that The Illinois General Assembly passed last July and went into effect January 1, 2016. The new bill, SB 57, significantly modifies the areas of child custody and divorce.
Grounds Are No Longer Required for Divorce
Traditionally, Illinois was a “no-fault” state. However, divorces could also be granted on specific grounds. Under SB 57, a spouse seeking divorce no longer needs to state grounds for the divorce in his or her divorce petition.
SB 57 has also removed separation periods for couples. Under SB 57 if a couple lives apart for six months, then the marriage is considered irretrievable and the couple may begin divorce proceedings.
The bill additionally eliminates the two-year waiting period and allows a couple seeking to end their marriage to immediately pursue a divorce.
Blended families, ones that unite a couple in a second marriage after a divorce, are not uncommon. And, in many cases, stepparents and stepchildren will not share the same surname. A biological mother or father retains the right to seek permission from the court to alter a child’s last name to match the last name of the biological parent and the stepparent. Under Illinois law, parents seeking a change of name for their child must demonstrate that the modification will benefit the child.
Steps to Changing Your Stepchild’s Name
A stepparent may not petition a court to alter a child’s last name. The child's biological mother or father must file a request to a court on behalf of their child before the court. Before requesting a name change, the parent must place a notice in a local newspaper for 21 days alerting the public of his or her plans to change his or her child’s surname. This notice in the paper serves as notification in the state for anyone, including the child’s other parent, who may not agree to the child’s name change. Once the notice has run and the petition for the name change is filed, a court will choose a time to decide whether to grant the name change.
Divorce is the legal process that many couples will decided to initiate under Illinois law. However, as with many legal processes, the legal jargon, or vocabulary, often prevents people from understanding the process. However, a clear understanding of the divorce vocabulary can assist people to cut through the legal jargon and understand what is happening in their divorce case.
Alimony or spousal support, is the legal term for money that a supporting spouse pays to his or her former spouse. The amount of the payment will be based on a number of factors, including the length of the marriage and each spouse’s income.
Child support is similar to alimony and is a payment from a non-custodial parent to ensure that the child has the necessities for life. However, child support is paid based on the legal idea that parents have certain rights and responsibilities, even when a child’s parents end their marriage.
Military life can be demanding for a service person and oftentimes places unrelenting strain on a military couple. This is especially true in situations where a service member is deployed and the family lives apart for months at a time. Sometimes, this pressure may become more than the relationship can bear and the couple decides to divorce. If you, or your spouse and you, are considering divorce, then you will need to understand the special circumstances that surround military divorce.
Military Protection From Divorce Actions
Special federal and state laws create certain issues for military couples seeking a divorce in Illinois. There are several federal laws that protect active duty military service members from being held in “default” for failing to respond to a divorce action. These laws were passed to protect active service members from being divorced without their knowledge.
Child custody and visitation decisions are always difficult for parents. It is even more difficult for parents when a court believes that supervised visitation is necessary. If a court has ordered supervised visitation for you and your child, it is important to understand the purpose of supervised visitation and what to expect during a visit.
Why Do Courts Order Supervised Visitation?
Illinois law allows a court to order supervised visitation if the court believes unsupervised contact with a parent would endanger a child's physical or mental health. Courts order supervised visitation for a number of reasons that include:
Once a couple separates, it is very likely that one spouse will want to move. The move may be for a career advancement, to start a new life with a new spouse, or to simply start over in a new place. Regardless of the reason for the move, relocating is not as simple as packing a few boxes and calling movers when children are involved. Even if child custody and divorce are finalized, custodial and non-custodial parents will want take a few steps before relocating with their child.
Review Your Divorce or Custody Order for Directions
Before finalizing your decision to relocate, review your parenting plan, divorce or child custody decrees. If your divorce is not finalized, then you will want to look at any temporary orders you received from the court. These documents may contain provisions and conditions regarding relocation that prohibit you from relocating without an order from the court or require you to give notice to your former spouse before relocating.
Human relationships are complex. Unfortunately, these same relationships can become abusive. Abuse can become more intense if a couple decides to divorce or separate. When this happens, it can be difficult to know what to do in order to protect you and your family. This is particularly true when children are the victims of the abuse. The Illinois Domestic Violence Act (IDVA) specifically forbids a family member or members of the same household from abusing others in their home.
The IDVA defines abuse as:
You Can Take Action
If a spouse or any other member of your household is abusing your children, then you may be able to file criminal charges at your local police station. If you are hesitant about filing criminal charges but want to protect your family, you may ask a court for an Order of Protection. An Order of Protection is a court order that legally prohibits your spouse, significant other, or other abusive family members from further abusing your family.
When a couple separates, they may have a difficult time agreeing on child custody. When this happens the court has a number of ways of getting the information they need to decide child custody.
Many people are familiar with the guardian ad litem (GAL); however, under Illinois law, a court may appoint an attorney for the child or may use a child representative to assist in a child custody dispute. These are different than GALs and it is important to understand their roles in deciding custody matters.
Guardian Ad Litem: A guardian ad litem is an attorney the court appoints to represent the best interests of the child. The GAL will meet with the child, visit his or her home or school, review evidence, and make sure they are familiar with the facts of the case so that they will be able to advise the court on the child’s best interests. The GAL’s central goal is understanding and advancing the best interests of the child.
When a child is born and the parents are not married, it is important for both parents to establish paternity. By establishing paternity, a child’s biological father is recognized as the legal father, with the rights and responsibility the law provides.
Under Illinois law, there are several ways to establish paternity. Unfortunately, the system may be manipulated to force a man, other than the biological father, to assume responsibility for a child.
How to Establish Paternity
Illinois allows parents to establish paternity in four different ways:
Moving to a new city or state for a new job, or just to be closer to family is a decision many people make without a second thought. However, if you have a custody order, then you may not be able to simply pick up and move. You may first have to get the permission of the court.
Order of Removal
Under the law, prior to January 1, 2016, a parent with primary custody of a child could not move out of state without first getting an order of removal from the court authorizing the move. A parent could, however, move anywhere in Illinois without court approval.
One of the family law changes that goes into effect January 1, 2016 changes this rule. The new rule looks at the distance involved in the move instead of just considering moving across state lines.
If the child lives in Cook, DuPage, Kane, Lake, McHenry, or Will counties, then the parent can move anywhere within 25 miles without the permission of the court. If the parent wants to move outside of Illinois, so long as the new residence is within 25 miles of the old residence, then no court permission is needed. In the other counties a parent could move with a child up to 50 miles away without seeking an order of removal.
2224 W. Ferry Road, Unit 113, | |
1776 S. Naperville Road, Building A, Suite 105, | |
321 N. Clark Street, Suite 900, | |
58 N. Chicago Street, Suite 102, | |
2407 West Lockport Street, Suite 201-H, |
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
