Divorce Guide

Divorce Guide


Getting divorce in Illinois


Getting a divorce in Illinois state is more complex than others. Divorce in Illinois is a lengthy process for no-fault grounds as well as for fault grounds. To get divorce in Illinois, this is important to submit all the financial and legal papers which are needed. Divorce in Illinois divides property on the basis of community property division .In Illinois; grounds for the divorce have its direct impact on the span of the divorce process.

Following are some important steps to follow while getting a divorce in Illinois

  • First you have to meet state residency requirements. You or your spouse must stay in Illinois for 90 days before filing your initial petition.
  • If you wish to file for no-fault grounds, you have to stay separate from your spouse for six months to two years. No fault is basically means it is no one's fault that the marriage didn't work out. You and your spouse only had ‘irreconcilable differences’.
  • If both of you agree to end your marriage, you must sustain separate residences for six months, and sign a form of agreement, and submit it to the court.
  • File a petition for dissolution of marriage in your county after completing the essential separation requirement. You will be charged primary filing fee when you file your petition. Cost of filing fee varies depending on county.
  • In case of no fault divorce, your divorce can be final in 90 days.
  • In other case of divorce in Illinois, you can apply for fault grounds of adultery, abandonment, impotence, habitual drunkenness or drug addiction, extreme cruelty or transmission of a sexually-transmitted disease.
  • You can get divorce in Illinois if your spouse is already married to someone else.
  • Although most couples who are divorcing are disagreed about certain issues, these disputes usually are resolved through negotiation, and advice from lawyers and a judge.
  • The issues that must be settled are; division of property and real estate, investments, money, division of debts, whether or not one person will have to pay maintenance to the other, and if so, how much and for how long, custody and visitation arrangements, financial support for the children. If the parties do not reach settlement, a trial will be held in court for the divorce actions.
  • While getting a divorce in Illinois you should keep in mind that Illinois child support order can be modified depending on the change in circumstances. E.g. If there is big increase or decrease in either parent's income, or the child spending a lot more time with either parent, the child is having special financial needs such as schooling or medical expenses.

If one of the spouses does not satisfied with the terms of judgment, parties may have to go back to court. According to the new law in Illinois now uses the word ‘dissolution’ instead of ‘divorce’. All these guidelines help will you to focus on the details about divorce process.


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