Illinois may Change Divorce Laws

 Posted on May 30, 2013 in Family Law

In late April, a bill was proposed to the Illinois House of Representatives to change the state’s divorce laws. Before writing this proposal of new laws to replace the 35-year-old current laws, Family Law Study Committee chairman Andre Katz spent four years listening to judges, law experts, child advocates and others about the divorce process.

In this proposal were changes such as issuing divorce judgments within 60 days or within 90 days only for special circumstances that may require more time. There will also no longer be establishing a cause for the divorce before allowing the process to begin and no more “home-wrecking” or “heart-balm” lawsuits, meaning that if a spouse cheats, the lover cannot be sued for causing the end of the marriage should the proposal be approved.

Child support was proposed to not only be based on each parents’ income, but also on the amount of time that each parents spends with the child, and at least 35% of time is allowed, but not required as before, to be spent with the child. This allows for the transition from one parent to the other to be much smoother and less disruptive of the lives of both the parents and the child.

The proposal also states that the parent who does not have custody will have certain unique rights concerning the making of decisions for the child.

If you are more interested in the custody laws of Illinois, contact a divorce attorney for assistance. Martoccio & Martoccio attorneys are located in DuPage, Cook, Kane and Will Counties and are ready to help you within your divorce case and the custody of your child.