Tag Archives: Illinois Marriage and Dissolution of Marriage Act

b2ap3_thumbnail_SB-57.jpgAfter years of deliberation, major changes may soon be positioning themselves into the legal landscape of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5). These changes were recently passed by the Illinois General Assembly. The new bill, referred to as SB 57, covers the following areas of Illinois divorce and family law:

  • Elimination of grounds in divorce;
  • Allocation of parental responsibilities;
  • Parental relocation issues;
  • Dissolution of marriage time limits;
  • Continual maintenance and marital property distribution; and
  • Changes to controversial “heart balm” actions.

Not only would these amendments bring changes to how Illinois family law attorneys approach the divorce process, but SB 57 would also amend such existing statutes as:

  • Intergovernmental Missing Child Recovery Act of 1984;
  • The Code of Criminal Procedure;
  • The Uniform Child Custody Jurisdiction and Enforcement Act;
  • The Probate Act; and
  • The Illinois Domestic Violence Act.

Do These Changes Only Affect Illinois Couples Contemplating Divorce ?

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Illinois divorce lawyer, Illinois family law attorney, Illinois divorce process,For the eight out of every thousand Illinois residents who are projected to seek the services of a qualified Illinois divorce attorney this year, The Huffington Post, supported by documentation derived by the American Bar Association, the Centers for Disease Control and Prevention and 2011 Census Bureau, has provided a guide to each individual state and relevant data for those who are facing divorce.

If you and your spouse are currently included in this ranking, there are six important steps to remember that may decrease the uncertainty and emotional turmoil often experienced during this process. Before consulting with a skilled Illinois divorce attorney it may be helpful to review the following steps as an impromptu guide to divorce in the Prairie State.

Step One: Petitioning for Divorce

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For the majority of couples entering into the bonds of matrimony, the wedding day represents new beginnings with fresh hopes of a loving and successful life-long union. But for some, it may mean the beginning of legally dissolving what appears to have been a serious marital misstep. For those experiencing marital remorse in Illinois, the legal recourse for an annulment or a legal judgement declaring the invalidity of a marriage is fully defined and sanctioned under Section 5, of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS).

The first step in determining legal recourse for a possible annulment is to schedule an initial consultation with an experienced Illinois family law attorney, but in the interim, the following summary may provide beneficial insight into the legalities of correcting a marital misstep.

Annulment or No-Fault Divorce?

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For Illinois residents contemplating divorce this year, recent changes to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) regarding spousal maintenance may prove a hot topic of discussion with your qualified divorce attorney.

As of January 1, 2015, couples opting for divorce in Illinois will be subject to new standardized rules for calculating the amount and length of court-ordered spousal support or alimony payments. Although this amendment adds a new legal narrative to the financial responsibility of one spouse to another, currently there are no changes in how the court determines whether or not financial support is required.

When entering into the divorce process, both spouses should familiarize themselves with the Illinois Marriage Act to be better equipped to discuss all facets of Illinois family law with their respective divorce attorney, especially when it comes to receiving a fair and equitable outcome when considering financial security.

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The economic landscape of the U.S.tends to be classified as “big business” but surprisingly small family-owned and operated establishments, employing less than 20 employees, accounts for 86.4 percent of the gross domestic product or GDP. With such a high percentage it is not unrealistic to consider that at some point in time owners of such businesses, often married, run into relationship turmoil often leading to many questions regarding not only the dissolution of a marriage, but the effect a divorce may have on the business.

As each respective divorce attorney will construct a market value comparison for the couple’s residence, Illinois law also requires an independent and detailed valuation of the business.

If you and your spouse find yourselves in this type of situation, the following information may provide some insight as to what is expected under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5).

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