Illinois State Divorce Law

Illinois law requires that someone must be a resident of the state for 90 days prior to filing a Petition for Dissolution of Marriage.

Illinois Grounds for Divorce

Illinois residents have the option to file a fault-based divorce or a no-fault divorce, depending on their particular circumstances.

Uncontested Divorce in Illinois

Uncontested divorces can move through the divorce process rather quickly in the state of Illinois. Once the petition is filed, if it is not contested, the couple may only have to live apart without cohabitation for 6 months, rather than the normal 2 years. The divorce ends with a hearing which only the petitioner must attend. Other options include:

Default divorce, in which the respondent is not required to respond, resulting in the granting of the divorce petition.

Simplified divorce, which must meet some specific requirements:

• The parties file jointly
• The parties are not dependent on each other for support
• It meets the standards for no-fault divorce
• There are no children, natural or adopted, and the wife is not pregnant
• The marriage lasted less than 6 years
• The parties have no real estate interests
• The joint property is valued at less than $5,000, joint gross income is less than $25,000, and neither party has a gross annual income of more than $20,000
• ll pertinent asset and tax information has been disclosed
• The parties have a written agreement covering all assets valued at more than $100 and determining the payment for all outstanding debts
• The parties both appear at the divorce hearing

Contested Divorce in Illinois

A contested divorce is much more complex in Illinois, because there are often areas over which the parties cannot agree. It often requires the counsel of an experienced divorce attorney.

Annulment in Illinois

When a marriage is never validated or the parties wish to legally invalidate it, they may choose an annulment. The grounds for an annulment are difficult to prove, but they include:

• Bigamy and polygamy
• Same-sex marriage
• Consanguinity, or marriage to a close relation
• Underage marriage, to someone under 17 years of age without the consent of parents or guardians

No Fault Divorce in Illinois

The grounds for filing a no-fault divorce in Illinois include:

• Living separately for a period of at least 2 years
• Irreconcilable differences caused the irretrievable breakdown of the marriage

Illinois Fault Divorce

In order to file a fault-based divorce, Illinois citizens must have one or more of the following grounds:

• Impotence
• Bigamy
• Adultery
• Wilful desertion for 1 year or more, including the period during which a dissolution of marriage is pending
• Habitual drunkenness for 2 years or more
• Drug addiction for 2 years or more
• Mental or physical cruelty which is repeated and excessive
• Felony conviction or imprisonment
• Infection with a sexually transmitted disease

Illinois Divorce and Child Custody

Child Custody Laws

Child custody in Illinois is based on the best interests of the child. However, there are additional factors that are considered by the courts:

• The wishes of the parents
• The wishes of the child
• The relationship of the child with parents, siblings, and others
• The child’s adjustment to the home, school, and community
• The mental and physical condition of all involved
• Any actual or threatened abuse or violence against the child or spouse by either parent
• How each parent facilitates the child’s positive relationship with the other parent

Child Alimony

Illinois may order child support by either parent that is not based on marital fault or misconduct. Other guidelines may include:

• The financial status of the child
• The standard of living the child would have enjoyed were it not for the divorce
• The physical, emotional, and educational needs and conditions of the child
• The financial resources, needs, and obligations of the parents

Child support calculations are based on the Percent of Income model, and make use of Child Support Worksheets.

Illinois Divorce Spousal Support

Spousal support in Illinois is not dependent on marital misconduct; however, there are several factors the courts will consider:

• The income, assets, and needs of the parties
• The earning capacity of the parties
• The delay or harm done to the earning power of one party due to their childcare duties or commitment to the marriage
• The time required for the dependent party to find employment
• The standard of living during the marriage
• The length of the marriage
• The health and age of the parties
• The tax consequences of the distribution of property
• The support provided by the dependent party to further the education or career of the other party
• Any prior agreements by the parties

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Illinois

Spouses in the military are protected by Illinois law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From An Illinois Divorce Lawyer?

Clearly, there are many complex implications of divorce in Illinois. Those who do not pursue a simplified or uncontested divorce would be unwise to attempt to complete the process without the help of a divorce attorney who can help with both the legal requirements and the unbiased negotiating skills that can bring such a case to a positive conclusion.