Reformed Illinois divorce laws boosted joint decision-making, but had little impact otherwise
Changes to Illinois divorce laws in 2016 that were expected to speed up cases; discourage adversarial, lengthy litigation; and more evenly distribute parents’ time with their children had little impact on these factors, a new study published in the journal Family Relations reports. However, the amended statutes did encourage more divorcing couples to jointly share major decision-making responsibilities for their children, the researchers say.
The co-authors — University of Missouri human development and family science professor So Young Park and University of Illinois Urbana-Champaign human development and family studies professors Jennifer Hardesty and Brian Ogolsky — say that the amendment was a significant step toward modernizing the state’s divorce laws. However, they also believe that its structural reforms alone may not be enough to transform divorcing couples’ adversarial relational dynamics and the impact these have on divorce and family court cases.
The team says that systemwide changes are needed — in legal culture and divorcing parents’ mindsets about win-lose outcomes in their cases — along with access to support and resources to help individuals effectively navigate separation and the decision-making processes involved in dissolving their marriages and making parenting plans for their children.
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