Illinois Divorce Law Residency Requirements for Divorce in Illinois

The spouse filing for dissolution must have been a resident of Illinois for 90 days immediately prior to filing for dissolution of marriage. The dissolution of marriage may be filed in a county where either spouse resides.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 104 and 401].

Legal Grounds for Divorce in Illinois
 

  1. No Fault Divorce: Irreconcilable differences have caused the irretrievable breakdown of the marriage and reconciliation has failed or further attempts at reconciliation are impractical and the spouses have been living separate and apart without cohabitation for 2 years. (If both spouses consent, the time period becomes 6 months).
    [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401].
  1. General Divorce:
    1. Impotence
    2. Adultery
    3. Habitual drunkenness for 2 years and/or drug addiction
    4. Conviction of a felony
    5. Willful desertion for 1 year
    6. Cruel and inhuman treatment
    7. Attempted poisoning or otherwise endangering the life of the spouse
    8. Infection of the other spouse with a communicable disease
    9. Bigamy
    [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 401].

Legal Separation in Illinois
The residency requirement specified in the statute is that an action for legal separation must be brought where the Respondent resides. Any person living separate and apart from his or her spouse, without fault, may obtain a legal separation with provisions for reasonable support and maintenance.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 402].

Simplified/Special Divorce Procedures in Illinois
Marital settlement agreements are specifically allowed and encouraged [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 502]. In addition, Illinois has an approved "Joint Simplified Dissolution" procedure and petition found in 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 452. To use this simplified procedure:

1. The spouses must not have been married over 5 years
2. The spouses must neither have had nor adopted any children
3. The wife cannot now be pregnant by the husband
4. Neither spouse can own any real estate
5. Both spouses must certify that neither is dependent on the other for support (or must waive any type of alimony)
6. The market value of all marital property must be less than $5,000.00
7. The combined gross annual income of both spouses must be less than $25,000.00.

Forms are available at any Office of the Clerk of a Circuit Court.

Divorce Mediation or Counseling Requirements
At the request of either spouse, or on the court's own initiative, the court may order a conciliation conference if it is felt that there is a prospect of reconciliation.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 404].

Divorce Property Distribution
Illinois is an "equitable distribution" state. Each spouse retains the non-marital (separate) property that he or she owned prior to the marriage and any property acquired by gift or inheritance during the marriage. The court will distribute all other marital property, without regard to fault, considering the following factors:

1. The contribution of each spouse to the acquisition or dissipation of the marital or non-marital property, including the contribution of each spouse as homemaker or to the family unit
2. The value of each spouse's non-marital property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse having custody of the children
4. The length of the marriage
5. The age and health of the spouses
6. The occupation of the spouses
7. The amount and sources of income of the spouses
8. The vocational skills of the spouses
9. The employability of the spouses
10. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
11. The federal income tax consequences of the court's division of the property
12. Any premarital agreement
13. Liabilities of the spouses (including obligations from a prior marriage)
14. Whether the property award is instead of or in addition to maintenance
15. Any custodial provisions for the children

[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 503].

Alimony and Spousal Support
The court may award maintenance to either spouse for a period of time it considers just. Marital fault is not a factor. The factors to be considered are:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment
2. The standard of living established during the marriage
3. The duration of the marriage
4. The age of the spouses
5. The physical and emotional conditions of the spouses
6. The income and property of each spouse
7. Whether the spouse seeking support is able to support himself or herself or is unable to seek employment because he or she is the custodian of a child
8. Any contributions or service by the spouse seeking support to the education, career, training, potential, or licensure of the other spouse
9. Any marital settlement agreement
10. Any other just and equitable factor

[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 504].

Spouse's Name After Divorce
Upon the wife's request, her maiden or former name will be restored.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 413]

Child Custody After Divorce
Sole or joint custody may be awarded, based upon the best interests of the child and upon the following factors:

1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. Any history of violence or threat of abuse by a parent, whether directed against the child or against another person
7. The willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent

Marital misconduct that does not directly affect the parent's relationship with the child is not to be considered. There is a presumption that the maximum involvement and cooperation of the parents is in the best interests of the child. However, this is not to be considered a presumption that joint custody is always in the best interests of the child.

For an award of joint custody, the court will also consider the following factors:

1. The ability of the parents to cooperate effectively and consistently
2. The residential circumstances of each parent
3. Any other relevant factor

The parents shall prepare a Joint Parenting Agreement (which may be part of a Marital Settlement Agreement) which will specify each parent's rights and responsibilities for:

1. Personal care of the child
2. Major educational, health care, and religious training decisions

The Joint Parenting Agreement will also include provisions specifying mediation of problems and periodic review of the terms of the Agreement. Joint parenting does not necessarily mean equal parenting time. The physical residence for the child is to be determined by either:

1. An agreement between the parents
2. A court order based on the factors listed above

[750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 602, 602.1, 603.1, and 610].

Child Support After Divorce
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official guidelines are not appropriate, the following factors are considered:

1. The financial resources and needs of the child
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. The physical and emotional conditions and educational needs of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent

The court may require support to include payment of a child's health insurance premium. Support payments may be ordered to be paid directly to the clerk of the court. There are official guidelines for the amount of support contained in the statute. Illinois Driver's licenses may be revoked if child support obligations are not met.
[625 Illinois Compiled Statutes Annotated; Chapter 5, Sections 7-703 and 750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 505, 505.2, and 507].
 

Continue to Indiana Divorce Laws

 
Resource Article:

Let Go To Win - Child Custody Disputes

By Gary Direnfeld, MSW, RSW


 

Let Go To Win

 

Monkey hunters have an ingenious way to trap their prey. They carve a small hole into a gourd and then hollow it out. Into the gourd they place a small piece of fruit or some nuts. They strap the gourd to a tree and then wait. In a little while a monkey shows up and sniffs at the bait. The monkey then squeezes its hand into the gourd and grasps the bait. With its hand clasping the bait in a fist, it cannot remove its hand from the gourd. Trapped. Along come the hunter and cuts off the monkey’s head.

 

Parents in custody or access disputes are advised to remember that story. It is true and reflects what can happen when parents engage in battle over the kids.

 

As each parent grabs hold of their prized position, both can lose control of their destiny to the will of the Courts and the influence of the assessor. Not only can both parents lose control of the outcome, but when children become the battlefield, they then often become the casualties too. Children subject to bitter and ongoing parenting disputes are at risk of anxiety, depression, school failure, poor self-esteem and behavioural problems. Many of these problems can persist through childhood and into adulthood thus affecting adult relationship and vocational performance. This is quite the legacy of parents unwilling ease their position.

 

Parents in bitter custody or access disputes should consider that the prize is not necessarily half the time with their kids or even half a say in matters affecting their lives. The true prize is a 100% relationship with one’s children. This is achieved not by fighting tooth and nail for one’s perceived rights, as the right to fight is not necessarily what is right for the child. Rather, parents are advised to concentrate on their relationship with their kids.

 

A parent can win a disproportionate amount of time with their child, but if the relationship is poor, it really just means more time to ruin the relationship and hurt the child. Further, not enough time with the other parent may only create resentment towards the parent who limited the child’s time. Rather than focusing on amount of time then, parents can strategize how they will spend the time they have. Thus when concentrating on quality of time, parents can direct their attention to taking their kids to extra-curricular activities, helping with homework, joining in with hobbies and volunteering on school outings. Therefore parents can negotiate the activities in which they participate with their children instead of the amount of time a child is necessarily in their care. Further and even if not a custodial parent, parents can still negotiate to attend parent-teacher conferences and demonstrate an interest in their child’s schooling. Thus the parent demonstrates a keen interest in the life of their child, which enhances the relationship and contributes to the child’s self-esteem.

 

Assuming that neither parent is abusive or otherwise harmful, children tend to develop best given enough time with both parents to have a meaningful relationship. Meaningful though will be a function of parental participation in the child’s life. Even if the history suggests a parent has been distant or less available, on a go forward basis a positive outcome to a failed marriage may mean better parental relationships with the children. Limiting the possibility of better parental relationships does a double disservice to the child. Not only will the child have lost the primary family structure, but also the possibility of these better parental relationships.

 

Hence, parents on both sides of the battle are advised to stop and think before clenching tight on their position. Both can let go a little to gain a lot.

 

Interestingly enough, monkeys who do let go their fruit or nuts get to live another day and parents who let go a little, often improve relationships.

 

Divorce Terms:

Best interest of the child. The legal standard or doctrine for making child-related decisions.

Bifurcation; Bifurcated Trial. In some states, the grounds for divorce, and all property rights/support obligations, are tried separately.

Bomber. A old term to describe an unethical divorce lawyer who sleeps with his clients.

If your lawyer tries this on you, politely tell him ?no,? then immediately report him to the state bar. Sleeping with a divorce client is a serious ethics violation -- besides, lovers make bad lawyers.

Burden of Proof. The party asserting a claim must prove such claim is true.

In divorce, each party making a claim for a fault divorce must prove such fault.

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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