Proposed Changes to Illinois Family Law

 Posted on June 20, 2013 in Family Law

A bill (HB 1452) being proposed in the Illinois legislature would make significant changes to Illinois’ divorce laws. To be clear, reformation of Illinois family law is long overdue. Fortunately, the proposed changes are the result of four years of bipartisan research, debate and input, and they reflect pragmatic approaches from professionals, including national and local family law experts, family law advocates, judges and family law attorneys, as well as the public. The proposed changes will ensure that the new law will reflect cultural shifts that have occurred during the past decades in Illinois and the United States. The purpose of the changes is both to eliminate abuses and to simplify what has become a burdensome and expensive process. Among other things, the proposed changes would abolish the requirement that divorcing parties have grounds before they can file for divorce. This arcane notion is a remnant of a time long gone. Numerous states have done away with it completely, and Illinois may soon follow suit. The proposed changes would also shorten the time that it takes to obtain a divorce judgment, which is good news for couples and children whose life is in limbo until the divorce is final. The proposed changes would also amend the child support guidelines to take into account both parents’ income, as well as the amount of time each parent spends with the child when calculating child support obligation. Lastly, the proposed change would eliminate so-called “home-wrecking” lawsuits, which are lawsuits used to punish a spouse’s lover for causing the divorce. The proposed bill was the result of hard work from the Illinois Family Law Study Committee, a bipartisan group of industry professionals that spent the last four years drafting it. These impending changes make it even more important to consult an experienced Illinois family law attorney.

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