Divorce Guide

Divorce Guide

IL divorce papers

Divorce is a trying and challenging situation for both the parties concerned irrespective of the state they reside. Illinois has a high rate of divorce compared to other states. IL divorce papers states the issues related to divorce procedures in the state of Illinois. The points related to Illinois divorce are listed below. These points will help one to understand the laws and regulations about filing a divorce in the state of Illinois.

Residency requirement for divorce in Illinois

The spouse should be a resident of Illinois for at least 90 days immediately before filing for dissolution of marriage. The dissolution of the marriage can be filed in the state where either spouse resides.

Grounds for divorce in Illinois

Before 1984, residents were required to show a ‘fault’ (such as adultery or cruelty) as a basis for proving their marriage dissolution according to the Illinois divorced law. The Illinois Marriage and Dissolution of Marriage Act now allow couples to file divorce on ‘no-fault’ grounds. Under current Illinois divorce law, a divorce can be granted if the couple have been separated for at least six months (if both the parties agree) or for two years (if there is no agreement). Illinois divorce accepts both fault and no fault ground for divorce.

The following are the no-fault grounds for divorce in Illinois:

  • Irreconcilable differences
  • Both the spouses have lived separate for 2 years

The following are some fault grounds for divorce in Illinois:

  • Adultery
  • Impotence
  • Cruel and inhuman treatment
  • Drunkenness
  • Other spouse being infected with a sexually transmitted disease

Illinois child custody

In IL divorce papers both the parties may agree to jointly or solely hold the legal and physical custody of their children. With the legal custody in his/her favor, a parent gets the right to make a decision regarding the betterment of the child. In a contested Illinois divorce, the court may give a joint or legal custody of the child and will check for his/her residential arrangements, taking into consideration the best interests of the child.

Illinois alimony

Alimony or maintenance as it is called in Illinois is ordered by the court. This payment is made by one spouse to another. In considering alimony, the court the court will consider the following things:

  • The income of both the spouses
  • Abilities of both the parties to meet their financial needs
  • The time for which the couple were married
  • The time needed by either spouse to retrain or find employment if any
  • Any kind of previous financial agreement made between the couple

    Till the Illinois divorce becomes legal the court may order a temporary maintenance depending upon the situation.

    Division of property in Illinois

    In IL divorce papers the assets and debts acquired during the marriage, called as marital property is divided equal proportion at the time of divorce. All the property is not considered to be marital property. There is non-marital property also which includes assets accumulated before marriage or income from non-marital property. While deciding to divide the marital property, judges look at the following factors:

    • The duration of the marriage
    • The amount of marital and non-marital property
    • The earning potential and financial circumstances of each spouse
    • Consequences of tax of property division etc.

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