Gabrielle S. Davis, P.C.

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Getting Divorced in 2016?

divorce-and-children[1].jpgThere are major changes in Illinois Divorce and Family Law Starting in 2016. Here are some of the major highlights.

1. Cheating Spouse? You will no longer be able to claim adultery as grounds for divorce or any other grounds such as mental or physical cruelty. All you will need to establish is that you have been living apart for six months and the Court will presume that the two of you had "irreconcilable differences.

2. Child Custody? A term of the past. You will instead decide who gets to decide major issues. Will Jane go to church, synogogue or mosque? If so which church? Which synogogue? Which mosque?  Who will decide which school Johnny goes to? Who will decide whether Anna gets braces or whether she takes dance or soccer? You will need to decide how to "allocate decision making responsiblities". Maybe you will share them or maybe since Mom is a doctor or nurse she will make the medical decisions.

3. Parenting Time. Who is with the kids Monday through Friday? Are you going to rotate week to week? Are you going to alternate weekends?  You will need to present a "Parenting Plan" to  the Judge within 120 days of filing for the divorce or the Judge could decide for you.

4. Grandparent Visitation. It will be easier for Grandparents and other non-parents to come into court and ask for time with the kids even if there is no divorce pending.

5. School Registration. What if the two of you agree to splitting the time with the children 50/50. That is still possible and the new law provides that the Agreement can state who will be called their "Custodian" solely to register them for school.

These are major changes that will affect families going through a divorce for years to come!

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