Sunday, August 17, 2014

New Divorce Statute Coming in 2015?

A law has been circulating through the hallowed halls of our state legislature for quite some time with a re-write of the Illinois Marriage and Dissolution of Marriage Act. Called House Bill 1452, it would change the divorce statute that is over 40 years old. It would, among other things, 
  • eliminate the terms “joint” and “sole” custody
  • eliminate the “grounds” or reasons for a divorce like adultery and mental cruelty and keep irreconcilable differences
  • change the “removal” provisions of the divorce statute that deals with a custodial parent moving from Illinois without permission of the non-custodial parent.statute. Instead of "removal", the term would be "relocation” and instead of being triggered by leaving the state, it would be triggered by moving more than 25 miles from the non-custodial parent. This would eliminate the problem of the custodial parent who gets into trouble crossing the state line into Indiana (which borders Will County) but the custodial parent who moved to Cairo, Illinois at 350 miles away is o.k.
  • Eliminates "Alienation of Affection" suits against an in individual for having an affair with a married person.
There are WAY more changes but it is still a work in progress and more changes are likely to come. A current version is here.
Status: The bill passed the House of Representatives in April of 2014 in May of 2014 it was completely redone by the Senate and then sent "to committee" where it has hung out in limbo. It will then have to go back to the Judiciary Committee, sent back to the Senate and then the House. Once everyone is done amending it, the the bill goes to the Governor. If all goes well, it would be about mid 2015 when and if it passes.