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Family Law

parental relocation law changes, Illinois divorce lawyerWith all the changes made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in 2016, parents may be concerned as to how their lives and the lives of their children may be impacted. Rest assured in knowing that most amendments in Senate Bill 57 are meant to better define what is in the “best interest” of minor children and that the courts still want to provide reasonable liberties to parents. Revisions made to the Illinois parental relocation laws (laws that govern a parent’s right to relocate after divorce) serves as a prime example.

Old Parental Relocation Laws

Before the implementation of Senate Bill 57, parents would need to obtain permission from the court to move outside of the state of Illinois (otherwise known as an "Order of Removal"). This applied, even in areas that bordered along the state line, and it created a two-prong problem. First, parents who wished to move only a handful of miles had to prove that moving out of state was in the best interest of the child. Secondly, parents could move anywhere within the state’s borders, and that sometimes far exceeded a reasonable distance from the other parent.

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Illinois-family-lawImplemented January 1, 2016, Senate Bill 57 has brought a lot of changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). In many ways, it is meant to simplify the system, but it is nearly a complete overhaul on the law governing marriage, divorce, custody, and child support. So what do all these changes mean for your family law case in 2016? The following points explore the basics.

“Heart Balm” Actions and “Fault” Divorce

“Heart balm” actions, or civil actions brought by third parties because of a broken heart, have been eradicated by Senate Bill 57. Used to place blame for marital or couple issues, such as alienation of affection, breach of promise to marry, and “criminal conversion” (adultery), these actions were deemed outdated and potentially damaging to all involved parties by the general assembly in the Illinois Bar Law Journal.

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dissolving-a-marriageWhile most people recognize that divorce is a massive undertaking, many still underestimate just how complex, taxing, and exhaustive the process can really be. It is this lack of understanding that often keeps them from developing an effective and comprehensive exit strategy. As a result, they may unintentionally and unnecessarily extend the already time-intensive process, which drains even more of their energy and resources. Avoid this common pitfall with the following tips.

Employ the Help of a Therapist or Psychologist

In the midst of a divorce, it is easy to make decisions based on emotion—even more so if the divorce is occurring because of infidelity, addiction, abuse, or other dangerous or emotionally triggering circumstances. A therapist or psychologist can help you stay grounded, give you a professional to help you decide whether you are making your decisions out of practicality or out of anger and resentment. Additionally, it should be considered that, when paying for a divorce, billable hours with your therapist will ultimately cost less than trying to battle matters out in court.

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Posted on in Family Law

grey-divorceAmong most age groups, divorce rates have begun to level out. However, statistics show there has been an increase of late-life divorces, otherwise known as ‘grey’ or ‘silver’ divorces. Of course, divorce can happen at any age, and after any number of years of marriage, but experts believe there may be some unique factors contributing to the recent incline of divorces among those nearing or already of retirement age.

Children Have Left the Nest

Even today, many couples continue to stay together for their children. But what happens when the children have all grown up and you are still unhappy or unfulfilled? For many, the answer is to finally seek out that divorce. Of course, even adult children often want their parents to stay together. However, most “happy enough” but unfulfilled people feel their children no longer have any influence when it comes to making a decision about their relationship.

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money-argumentsThere are a number of reasons that couples may divorce: infidelity, disagreements about children, in-laws . . . the list is endless, really. However, experts have long-thought there to be one very important predictor when calculating a couple’s risk for divorce, and it just so happens to be an issue that any couple can—and likely will—face at some point in their marriage: money troubles.

Money Problems: Not Just for the Financially Troubled

While most people assume that money troubles are restricted to financially troubled couples, the truth is that money problems often extend to couples well within the middle income and higher income brackets. In fact, financially secure couples are often more likely to experience arguments about finances because they have the means to commit financial infidelity, whereas financially troubled couples often do not.

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