SB 57: The New Face of Divorce in Illinois

 Posted on January 22, 2016 in Divorce

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.  

Provides Guidance for Relocating Parents

Parents always have questions when a custodial parent wants to relocate with his or her child. SB 57 adds perspective to the debates over relocation by defining a specific relocation radius for parents with primary custody. SB 57 uses a simple formula for those who desire to move their child across state lines. The formula allows a parent to move 25 to 50 miles from their current residency without seeking permission from the non-custodial parent. This formula will also be included as a modification to the Uniform Child Custody Jurisdiction and Enforcement Act.

Requires Courts to Promptly Grant Divorces

SB 57 requires courts to promptly grant a divorce once both spouses have provided the court with all the information required under the law. SB 57 requires a court to grant a divorce within 60 days. However, the court may extend this deadline by 30 days.

Changes Time Frames from Spousal Maintenance

Generally, agreeing upon spousal maintenance and property division is difficult for divorcing spouses. Under SB 57, courts must provide a specific rationale used for dividing property and assigning payment periods for alimony.

Eliminates “Heartbalm” Actions

The “heart balm,” or the alienation of affection and breach of promise to marry, were legitimate legal claims in Illinois. However, SB 57 permanently eliminates these tactics for both men and women.

An Attorney Can with These New Changes

These changes went into effect January 1, 2016. Therefore, if you have questions about how these changes will impact your divorce, or if you are considering a divorce and you want to know how these changes will affect you, please contact the DuPage County divorce attorneys at Davi Law Group, LLC. We understand the impact of SB 57 and we can advise you on the best course of actions in your divorce. Please contact us today to schedule an appointment.

Source: 

http://www.ilga.gov/legislation/99/SB/PDF/09900SB0057lv.pdf