What's the status of the big family law rewrite?

In the ISBA Family Law Section's August newsletter, section chair Kelli E. Gordon does a superb job of describing the status of HB 1452, the much-discussed overhaul of the Illinois Marriage and Dissolution of Marriage Act. "It makes many changes," Gordon writes, "some significant (like eliminating the terms 'joint' and 'sole' custody) and some insignificant (like eliminating 'grounds' other than irreconcilable differences)."

As Gordon notes, the bill is still a work in progress that will likely take center stage during the fall veto session. Here's her description of the bill's past and probable future.

"The bill passed the House of Representatives on April 10, 2014 with House Amendment 2 and was sent to the Senate the same day. Senate Amendment 1 completely deleted and replaced the underlying bill on May 8, 2014," she wrote. "The bill ended up in the Committee on Assignments at the end of the spring session.

"During the fall veto session (November 19 to 21, 2014; December 2 to 4, 2014), the bill will most likely be referred to a substantive committee such as the Judiciary Committee. It can, and probably will, be amended again by the Judiciary Committee. If it passes the Judiciary Committee, it will have to be voted up or down by the Senate and sent back to the House for concurrence with any Senate amendments. If and when the House concurs in any Senate amendments, it will be sent to the Governor. Within 60 days of being sent the bill, the Governor can sign it as is, make specific changes to it in an amendatory veto that both chambers must accept, veto the whole thing, or do nothing. If he does nothing, the bill becomes law as a 'pocket signature.'" Read her article.

Posted on August 14, 2014 by Mark S. Mathewson
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