Illinois Divorce Law Details
The sad truth about some marriages is that they just weren't meant to
last. On the bright side, the divorce rate across the nation is
actually down. This is true in Illinois where there were just over
32,000 divorces in 2007. That's certainly lower then the 1979 high of
over 52,000 divorces.
In some cases, Illinois divorce court judges can require mandatory
reconciliation therapy if the court thinks there might be a glimmer of
hope of the couple staying together. If not, then divorce proceedings
can begin if you've been a resident of Illinois for at least 90 days.
Depending on the circumstances, the proceedings can last anywhere from
a couple of weeks to several years. Additionally, it costs anywhere
from $250 to $300 to simply file the divorce petitions
Grounds for Divorce in Illinois
As with most other states, Illinois grants no fault and fault divorces.
The person filing for the divorced is called the petitioner whereas the
other side is referred to as the respondent. The primary factor
considered in a no fault divorce is if the couple has lived apart for a
continuous period of time. If it's been two years or more, the no fault
divorce will be quickly granted.
The two year clause can be waived if the couple has lived apart for at
least six months and can prove that they've reached irreconcilable
differences with no hope of salvaging the marriage.
There are several factors that can be applied for a fault divorce in
Illinois. If the respondent is naturally impotent or has another wife
and family at the time of the marriage these would be considered
grounds for a divorce. The same holds if the respondent has committed
adultery, abandoned the spouse, has been deemed to be a substance
abuser for at least two years, convicted of a felony or found guilty of
mental or physical abuse.
Lastly, if the respondent transmitted a sexual disease that is also
considered grounds for divorce in Illinois.
Splitting the Property in an Illinois
Illinois is considered an "equitable distribution state." This means
that any property or assets that were obtained or created during the
time of the marriage will be divided equally. The exceptions are if a
spouse received any gifts or inheritance outside of the marriage.
Factored into the dissolution of the property would be any pre-nuptial
agreements and child custody issues. The court can also consider what
kind of tax burdens might be placed one either spouse as a result of
A judge in a divorce case will encourage the couple to mediate the
division of their property and assets. If they can settle it between
themselves things will go a lot smoother and quicker which should be
the goal in these types of case.
Child Custody in an Illinois Divorce
If children are involved in a divorce in Illinois, then the court will
take into account what is considered best for their emotional and
physical well being. This will mean asking both the parents and the
children what their wishes are concerning sole or joint custody.
Quite often, the children's feelings are what sways a divorce court
judge. With regard to child support amounts in Illinois the minimum for
one child is 20% of the net income. For two children it is 28%, for
three children it goes up to 32% and rises accordingly for each child.