New Changes to Illinois Divorce Laws in 2016
Several changes to Illinois Divorce Laws are coming into effect on January 1, 2016 with a major overhaul to the Illinois Marriage and Dissolution of Marriage Act. Among these changes are the ways in which divorces are granted, how parties exchange financial information, and the methods by which financial support is granted during a divorce or custody case.
Old Divorce Law: Fault-based Grounds for Divorce
Under the law existing prior to 2016, there are several “grounds,” or specified legal “reasons” under which a person can be granted a divorce:
- impotency
- bigamy
- adultery
- desertion for more than one year
- habitual drunkenness for more than two years
- excessive drug use for more than two years
- an attempt at taking the life of the spouse
- extreme and repeated physical or mental cruelty
- infecting the other spouse with a sexually transmitted disease
- irreconcilable differences
The first nine grounds for divorce are “fault-based” grounds. This means that in order to be granted a divorce, the person asking for the divorce would have to prove at trial or hearing that the other party committed adultery, mental cruelty, had used drugs excessively for over two years, or any facts relevant to the basis for the divorce petition.
The last of the grounds for divorce, “irreconcilable differences,” requires that “irreconcilable differences caused an irretrieveable breakdown of the marriage, efforts at reconciliation of the marriage have failed, and further attempts at reconciliation would be impracticable and not in the best interests of the family.” This has become the most commonly used basis for divorce. Over the years it has become more and more rare to see divorces granted on the other nine basis.
New Divorce Law in 2016: Only Irreconcilable Differences
The new Illinois divorce law in 2016 does away with the nine “fault-based” grounds for divorce, leaving only irreconcilable differences as the only available basis for getting a divorce. If the parties have lived separate and apart for a continuous period of at least 6 months, there is an irrebuttable presumption that the requirements of irreconcilable differences have been met.
Exchange of Financial Information – New Standardized Financial Affidavit Forms
As part of the divorce process, both spouses are required to provide a complete and honest disclosure of their financial information. Both parties fill out court forms listing their incomes, assets, and debts. Each county has been using different forms. For example, in Will county and Dupage county it is called a Financial Disclosure Statement, while in Kendall County it is a Comprehensive Financial Statement. The new statute provides that a standardized, statewide form shall be used in all counties. In addition to filling out and exchanging these financial affidavits, both spouses or parties will be required to provide pay stubs, income tax returns, and bank statements supporting the information listed in the affidavits. The information in each spouse’s affidavits must match the information in their supporting pay stubs, tax returns, and bank statements. If a spouse intentionally or recklessly lists inaccurate information in his or her financial affidavit, the court can impose sanctions in the form of monetary penalties such as attorneys fees.
Temporary Relief – Summary Hearings for Child Support and Spousal Maintenance
Divorce and custody cases often involve one party asking for financial support from the other. This support can come in the form of child support, spousal maintenance (commonly referred to as alimony) or contribution to attorney fees. If this financial support is needed right away, a party can ask that the court grant “temporary relief,” meaning that the this financial support be paid by the other spouse while the divorce or custody case is ongoing. In the past, a petition for interim attorney fees would be heard on a “summary” basis, meaning that the judge would rule on the matter after looking at financial documents, without the need for testimony from the parties or oral arguments from the attorneys. Issues of child support or spousal maintenance, however, would often be decided after an evidentiary hearing, which could involve arguments, testimony and other evidence. Under the new law in 2016, issues of child support and spousal maintenance will be heard by the judge on a “summary” basis, based on the parties’ financial affidavits, pay stubs, tax returns, and bank statements. A party can request an evidentiary hearing for child support or spousal maintenance if good cause is shown.
Many of these changes were implemented in an attempt to make the court process more efficient, as family law courts process thousands of cases each year in Illinois. For more on the new changes to Illinois Family Law in 2016, please continue to read our blog.
To schedule an initial consultation with an Illinois divorce attorney for a Will County, Dupage County, or Kendall County case, call Navarro Family Law today at (815) 207-9570.
The information on this site is not legal advice. Retain an attorney licensed in the state which has jurisdiction over your matter before taking any action which affects your legal issues, legal marital status or custody arrangements, and follow the advice of your retained lawyer.