Divorce Guide

Divorce Guide

Illinois Divorce Rights

There are a total of fifty states in the United States of America. All the fifty states of America have their own laws in regard to the dissolution of marriages. The first and foremost requirement is the residency requirement of the state. Illinois State also has its own sets of laws while discussing a case of divorce. A divorce is defined as a legal settlement reached between spouses who terminate their marital relationship forever. The divorce rights and divorce laws of Illinois are not however very different from other states of the United States of America.

In order to file a petition for the dissolution of the marriage in Illinois, the person has to be a resident of the state for a minimum of ninety days. This could be applied on either of the spouses which mean if either of the spouses has been stationed in the state for a period of ninety days, court will accept the application. The proceedings of the case however will be held in the county of the state where the plaintiff or the defendant is stationed. A plaintiff is the spouse who initiates the charge and wants the dissolution of the marriage in the first instance and the defendant is the spouse who receives the notice from the court and responds to the notice of the court.

A number of grounds are listed in the divorce laws of Illinois which could be referred to when discussing the divorce cases in Illinois. The primary ground appears when spouses have been living separately for a period of two long years. This ground gains support when all the efforts for the reconciliation have resulted in a failure and there could be no reconciliation efforts in the future. The court, however waives the period of two years and makes it 6 months if both spouses have submitted a written stipulation in support of it.

Other Fault grounds for the dissolution of the marriage are: if the respondent at the time of marriage was impotent and continues to be impotent, if any of the spouses has committed adultery, if any of the spouses had a husband or wife when the marriage was done, if spouse willfully desert the other spouse, if any of the spouses is habitually drug addicted or habitual drunkenness and if any of the spouses is infected with a sexually transmitted disease.

In some cases if the court finds that the efforts to reconciliate could bring favorable results for the couple, the court can, after receiving the request from any of the parties, ask to form a conciliation conference. Also in cases wherein a minor child is involved, the court can ask the parties to attend one educational programme wherein spouses will be told the various ill effects of the dissolution of the marriage on the child.

Since Illinois is a state which follows the principle of equitable distribution, the property acquired during the marriage period would be distributed equitably between the spouses. The alimony help is however not always provided by the court, it is discussed on the basis of the merit of the case.

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