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DuPage County divorce attorney

When a person files a petition for divorce, called a Petition for Dissolution of Marriage in Illinois, he or she must serve his or her spouse with the divorce petition. This sometimes involves one spouse simply handing the paperwork to the other spouse or it may be accomplished through a process server or other qualified third party. However, there are some circumstances where serving a spouse a divorce petition may be nearly impossible. When a spouse cannot be located, you will need to take special steps in order to be granted a divorce.

Attempting to Find a Missing Spouse

If you want to file for divorce but you do not know where your spouse is, you may be able to serve notice of the divorce through the newspaper. If the spouse still does not respond, you may be able to obtain a divorce without his or her participation. However, before either of those things happen, you will need to make a genuine effort to locate your spouse. You will also need to list all of the attempts you have made to find your spouse in an affidavit and file it with the court. It is recommended that you take at least the following steps to locate your spouse:

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On January 1, 2016, sweeping changes to the way family law works in Illinois will take effect. The changes will affect everyone who has a divorce or child custody case in the state. Because same-sex marriage is relatively new in Illinois, many wonder if the changes to the family law statutes will have any impact on same-sex marriages in the state.

Status of Same-Sex Marriage in Illinois

who has a divorce or child custody case in the state. Because same-sex marriage is relatively new in Illinois, many wonder if the changes to the family law statutes will have any impact on same-sex marriages in the state.

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Changes to Parental Relocation in Illinois

parental relocation, DuPage County family law attorneyMany of the major changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) coming from Senate Bill 57 have to do with the concept of child custody, which has now been reframed as the concept of "parental responsibility." Rather than making custody determinations, beginning January 1, 2016, when the law goes into effect, the court will make allocations regarding decision-making responsibility and parenting time. In addition, the court's role with regard to parental relocation will also change.

Parental Relocation Under Current Law

The current version of the IMDMA requires custodial parents, or parents with whom shared children live, to obtain permission from the court in order to move outside of Illinois. In order to get permission from the court, or an "Order of Removal," the moving parent must prove that the move is in the best interests of the child.

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Senate Bill 57, which was recently passed by the Illinois legislature and signed by the governor, will make significant adjustments to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) beginning January 1 of next year. In addition to the changes to statutes governing divorce and custody, there have been notable changes to statutes governing support - including both child support and spousal support, or spousal maintenance.

Spousal Maintenance

Senate Bill 57 makes certain changes to the factors that are to be used by the court when determining whether an award of spousal maintenance is appropriate in a divorce action. The bill now requires the court to consider any financial obligations arising out of the divorce, the realistic present and future earning capacity of each party and any impairment of that earning capacity, parental responsibility arrangements, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party, as well as all sources of public and private income.

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changes to Illinois divorce law, DuPage County divorce lawyersOn January 1, 2016, changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which governs marriage, divorce, custody, and support in Illinois, will take effect. Major changes of the IMDMA update include grounds for divorce and the length of time parties need to wait before obtaining a divorce.

Grounds for Divorce

Senate Bill 57 eliminates all fault-based grounds for divorce. Parties will no longer be able to file for divorce based on impotence or infertility, adultery, desertion or willful absence, bigamy, drunkenness, drug addiction, extreme physical or mental cruelty, felony conviction, or transmission of a sexually transmitted disease. Beginning next year, only no-fault divorce is available.

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