Archive, November 2015.

Many people worry about what to do if they are ever pulled over and suspected of driving under the influence. Whether you have had a few drinks or not, it is important to know what you have to do during a DUI stop and what you can refuse. Some DUI investigations are initiated because the officer suspects that the driver is driving under the influence. But others begin as a normal traffic stop, initiated for a minor traffic violation. Those ordinary traffic stops can quickly turn into a DUI investigation because of the time of day or night, the location of the stop, …

Yet another revision to the Illinois Marriage and Dissolution of Marriage Act taking effect on January 1, 2016 is related to custody and visitation.  Starting in 2016, within 120 days of the service or filing of a petition for allocation of parental responsibilities, both parents have to either file a joint proposed parenting plan or, if they are unable to agree, then each parent has to file their own plan with the court.  The 120 days to file the parenting plan can be extended by the Court if good cause is shown and accepted by the Court. 

Yet another change to the Illinois Marriage and Dissolution of Marriage Act taking effect on January 1, 2016 is with regards the definition of what constitutes "net income" for purposes of child support calculation.  Starting on January 1, 2016 obligors paying child support will be able to deduct student loan payments that they are making.  This is a big and an important change for both parents as student loan payments can, and often are, significant.  In addition to that change in the definition of "net income", we are also expecting additional changes later next year. 

Dodatkowe zmiany zwiazane z kodeksem rozwodowym ktore wejda w zycie 1-szego stycznia 2016 roku to wykluczenie winy rozwodowej.  Sady w Illinois beda tylko rozpoznawac niezgodnosc charakterow jako powod do rozwodu. Inne powody zostaly wykluczone i nie beda uzywane w sadzie.       W dodatku to tej zmiany zwiazenej z wina, nie trzeba juz tez bedzie czekac szesc miesecy - lub jezeli nie bylo zgody - dwa lata separacji aby otrzymac rozwod. 

Additional changes to the Illinois Marriage and Dissolution of Marriage Act that will become effective on January 1, 2016 is that Illinois will now only recognize one ground for dissolution of marriage: irreconcilable differences.  Illinois courts will no longer proceed under any of the other divorce grounds, such as mental cruelty or adultery.  It is enough to show that irreconcilable differences caused the irretrievable breakdown of the marriage.  Additionally, the six month, or if the parties did not agree the two year, separation period has also been eliminated. 

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