Major Changes to Illinois Divorce and Custody Law in 2016

There are major changes to Illinois divorce and Illinois child custody laws that take effect on January 1, 2016. Starting on January 1, 2016 we will not even use the term “custody” any longer. What was referred to as “sole custody” or “joint custody” will become the allocation of parental responsibilities. These changes are more than semantics. Parents will be able to allocate child-related decision-making based upon the subject. This will give divorcing parents and their attorneys greater latitude in customizing terms and reaching agreement. Another area of significant change is in the area of the relocation or “removal” of children. Under the new law there are mileage restrictions on the relocation of a child’s primary residence but moving across state lines will become permissible if it is within the mileage limit. In Cook, DuPage, Kane, Lake, McHenry, and Will counties the child’s primary residence may be moved 25 miles or less without leave of court. There are also important changes to the grounds for divorce. There will no longer be fault-based grounds such as adultery or “mental cruelty” and the only legal grounds for divorce will be irreconcilable differences. Child support is also undergoing some modification although the statutory percentages remain the same. Certain expenses necessary for the production of income, namely student loans, may be deducted before calculating statutory child support. There are numerous other changes including changes to the law regarding non-minor children’s college expenses.

Recent Post

Illinois Child Support: A Comprehensive Guide

Navigating the complexities of child support in Illinois can be a daunting task for many parents. Whether you are going through a divorce or seeking to understand your obligations or entitlements, having accurate information and good legal counsel crucial. In this...

Order of Protection for Domestic Violence

Unfortunately, some Chicago divorces or Chicago child custody disputes involve domestic violence. When domestic violence, or the threat of domestic violence, occurs a victim may petition the court for an order of protection. An order of protection is a court order...

Key Differences Between Illinois Prenups and Post-nups

Illinois Premarital Agreements Most people have heard of premarital agreements (often referred to as "prenups").  The law defines prenups as contracts drafted and signed by a couple prior to their marriage.  Illinois has a statute, known as the Illinois Uniform...

Divorced Parents Disagree over Covid Vaccines

Now that Covid vaccines are approved for children that are 12 years of age and older, some Chicago divorced parents disagree over Covid vaccines. Specifically, some divorced parents disagree as to whether their children should receive the vaccine.  Some parents...

categories

If you are looking for legal advice and representation with an Illinois divorce, schedule a consultation with experienced Chicago divorce attorney, Tanya Witt, at (312) 500-5400 or info@thewittlawfirm.com.

Representing men and women in Chicago divorce and child custody cases.

This blog does not constitute legal advice. Please consult with an attorney regarding your specific case.