If you are thinking about filing for divorce in the Chicago area, it is important to have an experienced Chicago divorce lawyer on your side. In recent years, Illinois divorce law underwent significant changes that resulted in “no-fault” divorce, as well as guidelines for calculating spousal maintenance and a new model for calculating child support. The revisions to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) also eradicated the terms “child custody” and “visitation,” replacing them instead with the terms “parental responsibilities” and “parenting time.”
When you are considering divorce in Chicagoland, you should begin working on your case with an experienced advocate as soon as possible. An attorney at the Law Office of George M. Sanders, P.C. can speak with you today about your options.
Under the IMDMA, divorce is a term that is also discussed as the “dissolution of marriage.” Divorce is a way of legally dissolving the relationship between spouses, and it is a process through which the court can make determinations about the distribution of marital property, whether spousal maintenance is appropriate, and how parental responsibilities for children should be allocated.
Illinois used to be a fault-based state in terms of divorce, but now it is what is known as a “no-fault” state. Accordingly, anyone who files for divorce does not have to prove that the other spouse is at fault. Instead, they can state that there are irreconcilable differences in the marriage for a “no-fault” divorce.
Sometimes a family’s situation can change after a divorce is finalized. For instance, one of the spouses might get a raise at her job or might lose her job. Or one of the spouses might be offered a new job in a different state, necessitating that the parents revisit their allocation judgment. When there is a substantial change in circumstances, it may be possible to modify a court order.
If you are currently paying spousal maintenance and lost your job, you may be able to seek a spousal support modification that takes into account your actual, current income. Likewise, if you pay spousal maintenance and your spouse recently got a new, high-paying job, the court may be able to revisit the spousal maintenance order to determine an appropriate amount given the change in circumstances.
Similarly, when a divorce involves minor children, a substantial change in circumstances can mean that the parents need to reassess their parenting plan or the allocation judgment. In some situations, when both parents agree to an amendment or modification of the parenting plan, it may be possible to change the terms without asking the court to make a decision. Otherwise, the parent seeking a modification typically will need to prove that there has been a substantial change in circumstances as it is defined under the IMDMA.
Do you need assistance with your divorce case? A compassionate divorce attorney in Chicago can speak with you today about your case. Contact the Law Office of George M. Sanders, P.C. to learn more about how we can help.