Major changes to Illinois' family law will take place January 1, 2016. Changes include the elimination of the fault-based divorce system and a revamped approach to child custody issues. Therefore, because of the changes, many are asking, “If I am considering divorce, should I file now or wait for the new changes to take effect?"
Filing for Divorce: Reasons Not to Wait
Under current Illinois law, you must be separated from your spouse for two years in order to obtain a divorce under the ground of irreconcilable differences. Therefore, if you currently qualify for a divorce, there may not be any reason to wait for the law to change.
Moreover, if you currently qualify for one of the at-fault grounds for divorce, filing for divorce now may be a better time then after Illinois moves to a no-fault divorce system in January. An experienced divorce attorney can advise you on your options while keeping your best interests in mind.
Situations Where Waiting to File for Divorce May be Beneficial
If you have not been separated from your spouse for two years, and do not wish to pursue an at-fault divorce, waiting until January to file may prove beneficial. However, you can still connect with an experienced attorney to begin divorce preparations so that you can file as soon as the new law takes effect.
In addition to the elimination of the fault-based divorce system, changes to the custody laws in Illinois will also be implemented. The new approach—one which will help bring more stability to the lives of children of divorced parents—will focus less on custody and more on parental involvement and the allocation of parental responsibilities. Hence, these changes may be a good reason for delaying your divorce filing until 2016.
Consult with a Family Law Lawyer
The decision to file for divorce is a complicated one. There are several factors beyond the pending changes in the law to review when you are considering filing for divorce. Divorce can impact everything from your finances to the time you spend with your children. Only after you have had a detailed consultation with an experienced divorce lawyer will you be fully informed enough to make this difficult decision.
Before taking any action, please consult with a dedicated and knowledgeable Naperville divorce attorney. Call Sullivan Taylor & Gumina, P.C. at 630-665-7676 to schedule your consultation today.