Ten changes in family law that practitioners need to know in 2016: A brief summary of modifications to the IMDMA

The composition and dynamic of the traditional family is evolving and on January 1, 2016, a comprehensive revision of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) will reflect many of the changing norms facing our society today. While minor revisions have been adopted addressing civil unions in 2011, same-sex marriage in 2013, and maintenance provisions in 2014, we are about to see a transformative and major overhaul of the statute in its entirety.

Discerning the changes, and adapting one’s practice accordingly, will certainly be a time-consuming and nuanced, yet necessary, endeavor. It would be overly ambitious to cover all of the revisions from the new Act in this brief article; however, here are a few of the major highlights that every practitioner should be made aware of for 2016:

(1) New Terminology

While this is a simple and straightforward change, it is ironically one that many of us will struggle with the most. The language which we have become accustomed to is so deeply engrained in our vocabulary, that the conversion will likely take some getting used to. For example, the words “custody” and “visitation” have gone by the wayside and have been replaced with softer, less-adversarial terms such as “parental-decision making” and “parenting time” respectively.

This new language is intended to foster increased cooperation amongst parents in order to facilitate the best interests of the children involved. Changes are believed to encourage co-parenting and lessen the competition fostered by language that implies one parent is less important than the other. Rather than fighting over whether a parent will have sole or joint custody, there will be a shift designating a particular parent to a specific category of decision-making authority.

(2) No-Fault Divorce

Irreconcilable differences will now be the only cause for divorce. The days of leaving one’s partner and publically announcing that it is due to their adultery, bigamy, impotency, or habitual drunkenness are over. While this is the stuff that makes for good television, these assertions are thought to only add strife and acrimony to families already going through a difficult and tumultuous time.

Even though the elimination of all grounds of fault sounds to be a radical change, the reality is that a vast majority of divorces in Illinois have proceeded under the grounds of irreconcilable differences for quite some time. Therefore, this shift will likely go rather unnoticed.

(3) Shorter Waiting Period

The new law reduces the time parties must wait in order to obtain a divorce. In the former statute, parties citing irreconcilable differences in a contested divorce would have to live separate and apart for at least two years (or six months with a consent waiver) before being able to complete their dissolution. The revised law dramatically reduces that time to six months (and the time period has been eliminated altogether for uncontested matters).

(4) A Death Knell for “Heart Balm” Actions

Heart balm actions were a fairly antiquated method for those with a broken heart to pursue a legal remedy. As the law is adapting in a manner that has less of a place for emotion, and a greater emphasis on reducing tension, it is not surprising that the bell has rung for actions based on heartache. What this means for lawyers is no more actions filed for breach of promise to marry (a contract action for an engagement gone wrong), alienation of affection (a lawsuit against a third party accusing that individual as the reason for the breakdown of a party’s marriage), or criminal conversion (for committing adultery). These causes of action gave the wronged and aggrieved party a sense of judicial redress through revenge. The changes in the law reflect the belief that such claims have the effect of increasing strife, rather than mending a broken heart.

5. Explaining the Allocation of Property

The Court will now have to provide written findings supporting the rationale for the division and allocation of property and assets made during the distribution process.

6. Removal Based on Distance

The former law allowed custodial parents to move anywhere within the state of Illinois without court intervention. This meant that a party could move from Chicago to the southern tip of Illinois absent judicial permission. Under the new law, parents must seek leave of court in order to relocate based on the distance, rather than the state, of their new residence. This will come into play for those relocating greater than a 25-mile radius if the party is located in Cook, DuPage, Kane, Lake, McHenry, and Will counties and greater than a 50-mile radius for those in all other counties. (Note that jurisdiction retention issues will apply). Thus the new law makes it irrelevant whether the new home is out-of-state. It is now easier for parents who may be planning a move across the state border, but still remain located relatively near their former residence.

7. Expedient Orders of Dissolution

The Court will be required to issue an Order of Dissolution within 60 days after proofs close (with a possible 30 day extension for good cause). This is intended to reduce the interim period of time for a divorce to become final, which is often riddled with confusion for adjusting families, and instead, expediently help them establish routine and clear expectations.

8. Contribution to Children’s College Expenses

The Court has the authority to order a parent to pay for a child’s college expenses (such as entrance exams, application fees, tuition, room and board, travel expenses, as well as medical and dental insurance) subject to certain limitations. The amount will be capped at the cost of attending school at University of Illinois at Champaign-Urbana irrespective of where the child actually goes to school. This will be the default rule unless a party can demonstrate good cause or come to another agreement. In return for receiving the financial resources, the child must make their academic records available to a contributing parent and maintain above a C average.

9. Standardized Financial Disclosure Statements

In the past, these documents would vary across counties. The Illinois Supreme Court Commission is working on developing a standardized document that will be used uniformly across the entire state.

10. Simplifying Temporary Support Hearings

Temporary maintenance and child support requests will now be heard on a summary basis, as opposed to a full evidentiary hearing. This is intended to lessen the amount of arguments from attorneys and allow a judge to make a quicker and more cost-effective determination of temporary support. Parties may still obtain an evidentiary hearing by showing “good cause.” 

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Marie Sarantakis is a third year law student at The John Marshall Law School. She serves as a member of the ISBA Young Lawyers Division, ISBA Family Law Section Council, and ISBA Special Task Force on Rule 711. Questions to Ms. Sarantakis can be directed to msarant@law.jmls.edu.