2016 Changes in Illinois Family Law That Govern Today’s Issues
Posted on September 19, 2024 in Family Law
Eight years ago, Illinois made significant changes to laws surrounding family law issues, including divorce, spousal support, child custody, and so-called "heart balm" laws. Heart balm laws might be the most entertaining changes to family court laws, as they allowed jilted lovers to seek financial compensation for their "anguish." These laws covered a broad range of circumstances that might result in a failed relationship.
The heart balm laws were in effect in Illinois for more than 160 years, allowing those with a broken heart to sue for their heartache. The defendant in these civil suits was usually the "other" man or woman rather than the spouse. While a settlement was the end result, the ultimate goal of these lovelorn lawsuits was to humiliate and seek revenge. Although a major push across the U.S. was made in 1935 to outlaw heart balm laws, they remained on the books in Illinois until 2016.
Other important changes were also made in 2016, most notably changes in the language that governs child custody. Whatever your family law issue, it is always beneficial to have an experienced Wheaton, IL family law attorney from Andrew Cores Family Law Group to guide you through the process with empathy and skill.
How Has the Language Regarding Child Custody Changed in IL?
Under Senate Bill 57, which was signed into law in 2016, the abolishment of the concept of child custody was a major change. Rather than using the terms "custody" and "visitation," the new law implements "allocation of parental responsibilities" and "parenting time." The term "primary residential parent" refers to the parent who has physical custody of the child or children most of the time.
The parent with visitation rights now has "parenting time," which is outlined in the allocation of parental responsibilities. The term "parental responsibility" replaces "legal custody," which governs whether one parent or both parents make major decisions for the child regarding education, religion, and health.
Division of Asset Changes Regarding the Classification of Property
Regarding a couple’s division of assets during a divorce, the law now requires the Court to provide specific reasons for classifying assets as marital or separate (non-marital) property. Non-marital property is generally any property owned by one spouse prior to the marriage, an inheritance, or a gift specifically given to one spouse. Marital property includes assets obtained after the date of the marriage. Of course, there are exceptions to these generalities, and now, a judge must explain his or her designation of assets.
Spouses Receiving Alimony Must Notify Their Ex if They Plan to Remarry
Unless a pre- or postmarital agreement states otherwise, spousal support automatically ends when the supported spouse remarries, allowing the paying spouse to stop making support payments as of the date of the remarriage. The 2016 law changed to require the supported spouse to notify the paying spouse at least 30 days before or within 72 hours of the remarriage. The paying spouse may ask for reimbursement for any payments made after the date of remarriage.
Parental Relocation Laws Allow the Primary Residential Parent to Move a Specific Distance
Before the changes to family court laws, the custodial parent or primary residential parent was only required to obtain court approval to move out of the state. The new law allows the relocating parent to move up to 25 miles in Cook, DuPage, Kane, Lake, Henry, and Will counties without Court approval, even if those 25 miles take the child across a state line. All other Illinois counties allow a move up to 50 miles with no Court approval.
Contact a DuPage County, IL Family Law Attorney
Family law issues are usually emotional and often chaotic. Having a strong legal advocate by your side can make a significant difference in the process and the outcome. Attorney Andrew Cores is currently a Fellow of the Collaborative Law Institute of Illinois. When you choose a Wheaton, IL family law attorney from Andrew Cores Family Law Group, we have the experience to help you find workable solutions and are dedicated to obtaining positive results for our clients. Contact Andrew Cores Family Law Group at 630-871-1002 to schedule a free consultation to discuss your family law issue.
