Illinois Divorce Act Benefits Children

Posted by Erin Birt | Nov 06, 2015 | 0 Comments

Illinois couples with children who are planning a divorce now or in the near future should note that Illinois divorce laws will change on January 1, 2016. The new Illinois Divorce Act will likely have a significant impact on how your divorce is ultimately resolved. Learn in this post how the new Illinois Divorce Act benefits children.


There are three primary aims of the newly updated Illinois Divorce Act:

  1. To protect children from exposure to conflict and violence during the divorce process;

  2. To recognize and enforce the right of children to continue a healthy relationship with both parents post-divorce;

  3. To expressly uphold that frequent contact with both parents–absent domestic violence or other harmful factors–promotes the healthy development of children.


To honor and achieve these stated goals, the Illinois Court will:

  • Promote or order parents to participate in educational programs so they learn how to minimize the negative effects of divorce litigation.

  • Facilitate parental planning discussions, including explicit allocation of parenting time and parental responsibilities, to help reach a mutual agreement about the children's upbringing after the divorce, including child custody and visitation.

  • Safeguard the continuation of existing parent-child relationships to ensure each parent's maximum involvement in the well-being of their children.


If you want to avoid the impact of these new laws on your divorce, you must ensure that it is finalized by December 31, 2015. Any matter currently pending that has not entered a final judgement before January 1, 2016, and any new matter filed after that date, will need to comply with the updated laws.

An experienced DuPage County divorce attorney trained in divorce mediation can help divorcing or already divorced parents to create an Allocation Judgement that complies with the new Illinois divorce laws as well as the spirit and purpose of the new Divorce Act.

Contact me if you need assistance and support navigating through these restructured laws.

About the Author

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.


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