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Basics on Illinois Divorce

 Posted on March 03, 2014 in Uncategorized

These rules will apply to same-sex and opposite sex couples who are civil union partners, as well as opposite-sex married couples.

Grounds for Divorce

The state of Illinois recognizes both fault and no-fault grounds for divorce. To obtain a divorce based upon no-fault grounds, otherwise referred to as ‘irreconcilable differences,’ both parties must’ve been separated for at least two years. If both parties concur in writing to the divorce, only a 6 month separation is needed.

But, if both parties do not concur to the divorce, haven’t been separated for at least two years, and cannot get the court to waive a separation requirement, one of the partners may file for a divorce based upon fault grounds. Such grounds involve a felony conviction, cruelty, desertion, bigamy, adultery, or impotency. The Illinois family law court might require the partners to go to counseling or a conciliation conference or if there are kids involved, an educational program concerning the effects of divorce on kids.

Illinois additionally recognizes civil unions that afford opposite-sex and same-sex couples a legal status that is similar to marriage. Even though it doesn’t provide these couples the exact same rights as a marriage will, a civil union will be dissolved in the same way as a marriage.

Waiting Period and Residency Requirement

In Illinois, to file for divorce, one party must’ve been a resident of Illinois for 3 months.

As a couple claims that irreconcilable differences led to the breakdown of the marriage, the requirement is that they must’ve been residing apart and separate for 2 years. But, if the partners were living apart and separate for at least 6 months continually prior to the final judgment, the parties may opt to waive the 2 year requirement.

Illinois Property Division

Illinois includes an equitable distribution state, meaning that the court fairly divides the property between the spouses, yet not necessarily equally. While distributing property, a court might consider these factors, amongst others: marriage duration, value of the property assigned to each partner, and economic circumstances of each partner. The court distributes marital debts and property, which means what was acquired within the marriage. All property that each of the partners came into the marriage with will stay that individual’s own separate property; it additionally applies to inheritances and gifts the spouse obtained while married.


Alimony, in Illinois, is called maintenance. The Illinois family law court might award permanent or temporary orders of maintenance based upon each individual’s property and income, earning capacity, and financial needs.

Child Support

Illinois utilizes a guideline chart to assess child support, evaluating the non-custodial parent’s net income and the amount of kids in the support order.

Child Custody

The Illinois family law court evaluates the best interest of the youngster while determining child custody. It means that a court looks at multiple factors, which include the child’s wishes, the relationship between each parent and the child, the physical and mental health of everyone within the family, and if there are any physical violence threats.

For further questions about Illinois Family Law, please contact us at (312) 884-1222 or fill out our easy contact form for a free consultation.


KW: Illinois family law

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