Not all marriages have a happy ending, in fact some shortly end. Wilbur Wright’s paralegal club and Professor Patricia Cintron-Bastin held a seminar that presented the replacement of the Illinois Parenting Act of 1984 with Illinois Parentage Act of 2015 and major changes in Family Law of Illinois. Ms. Cinton-Bastin created and presented her PowerPoint on family law changes in Illinois, focusing on divorce, especially involved with children.
The changes took effect January 1, 2016 and apply to new and pending cases. Increasing functionality and clarity for parents and children was the focus of the revisions with consideration of past involvement of both parents in the children’s life. This information is applicable to petitioners with at least 90 days of Illinois Residency and/or involved children with six months or more of Illinois residency all prior to filing for divorce.
Those who may not have children now but later should keep this in mind as a precaution if things in their marriage go sour.
Previously, marriages could end by any of the following: bigamy, adultery, impotence, conviction of a felony, attempted murder, abandonment, and extreme emotional or physical cruelty. Irreconcilable differences is the only ground to allege in Petition of Dissolution of Marriage. Illinois Legislatures intended to eliminate blame in divorce.
Ending marriages that have lasted less than eight years, have both parties before the judge in agreement of divorce and are childless have set income and asset guidelines, called joint simplified divorces. Uncontested divorces or joint simplified divorces are a one day deal. According to Ms. Cintron-Bastin:
“The income limits have increased as well as the asset limits have increased. Before the parties could only make $35,000 combined (now $60,000). Additionally, one spouse was limited to gross earnings of $20,000 previously (now the limit is $30,000). Also there was no provision for retirement benefits, now so long as a spouse has an individually held retirement benefit with a value of less than $10,000 they could get divorced through the joint simplified procedure. Lastly, the asset limit has increased from $10,000 to $50,000.”
Effective communication is key to successful separations. When the petitioner and the respondent disagree and children are involved, the procedure becomes complicated. A mediator can be used to help both parties come to an agreement. A parenting plan must be formed and submitted within 120 days. This 14 page document outlines and designates responsibilities and time each parent has with involved children.
The changes have brought more neutral terms such as “Custody and Visitation” replaced by “Parental time and responsibilities” and “Presumption of Parenting” previously “Presumption of Paternity”. Parenting time and responsibilities are allocated to parents deemed fit, if circumstances endanger involved children, restrictions will be implemented. Lack of significant parenting power does not prevent reasonable parenting time with children, both parents are lawfully entitled.
There are no set calculations for appropriate parenting time every case is different. Child support payments has no factor for awarding time with involved children. Separate from the parenting plan, visitation for non-parenting family members requires filing of Petition of Visitation with argument of meeting the statutory requirements to request visitation. Relocation of a parent requires no court involvement when the parent with less responsibilities and time decides to move.
According to Ms. Cintron-Bastin, the Allocation of Parental Responsibilities Judgement is intended to last for two years without modification however if reasons to believe the present environment seriously endangers involved children’s overall well-being then the courts will permit such changes. The two year waiting period gives stability and consistency for the children.
The turnout for this seminar was about 50 people and was a success. Paralegal Club has sponsored a notary workshop for April 23. Paralegal services will not be offered to Alumni or students despite rumors. Please seek legal advice from accredited attorneys and resources.
**Disclaimer: this article does NOT constitute as legal advice but informational only**