Illinois Divorce Information and
FAQ
A judgment of dissolution of marriage may be granted in Illinois on the
following grounds:
1. Impotence 2. Bigamy 3. Adultery 4. Desertion for one year 5.
Addiction to alcohol/drugs 6. Attempted murder 7. Conviction of felony 8.
Infecting other spouse with sexually transmitted disease 9. Living
separate and apart for two years where there exists irreconcilable
differences
If the grounds for the dissolution of marriage is based upon living
separate and apart for two years with irreconcilable differences, the
court must determine that efforts at reconciliation have failed or are
impractical and not in the best interests of the family. Furthermore, if
the parties have lived separate and apart without cohabitation for at
least six months immediately prior to the filing of the petition, the
parties may waive the requirement of living separate and apart for two
years by filing a stipulation to that effect with the court. 750 ILCS
5/401
Residency requirements/where to file At least one of the parties to the
dissolution action must have been a resident of the State of Illinois for
a minimum of ninety days immediately prior to the filing of the action.
The action for dissolution may be filed in the county where either party
resides. 750 ILCS 5/401 Name of court and title of action/parties An
action for dissolution of marriage is filed in Circuit Court. The title of
the action initiating the dissolution proceeding is a Petition for
Dissolution, while the title of the action granting the dissolution is
referred to as a Judgement for Dissolution of Marriage. The filing party
in a dissolution action is the Petitioner, while the other party is known
as the Respondent. 750 ILCS 5/105
Legal separation Any person living separate and apart from their spouse
may obtain a judgement of legal separation providing for that spouse's
reasonable support and maintenance.
Simplified divorce procedure If the following conditions are met, the
parties may file a joint petition for dissolution of marriage: 1. Neither
party is dependent upon the other for support or each party is willing to
waive the right to support, and each party understands that consultation
with an attorney may help them determine eligibility for support; 2. The
residency requirements have been met; 3. Irreconcilable differences have
caused the irretrievable breakdown of the marriage and the parties have
been separated for at least six months; 4. Reconciliation efforts have
failed or would be futile; 5. No children of the marriage and wife is not
pregnant; 6. The marriage is no older than eight years; 7. Neither party
has any interest in real property; 8. The parties waive all rights to
alimony; 9. The total fair market value of all marital property does not
exceed $10,000; 10. The combined gross annual income of both parties does
not exceed $35,000, and neither party has a gross annual income in excess
of $20,000; 11. The parties have disclosed to each other all assets and
their tax returns for all years of marriage; 12. The parties have executed
a written agreement dividing all assets in excess of $100 in value and
allocated responsibility for all debts and liabilities between the
parties. 750 ILCS 5/453
Alimony Either party may be ordered to pay alimony to the other in
amounts and for periods of time as the court deems just and equitable,
after consideration of the following factors: 1. The income and property
of each party; 2. The needs of each party; 3. The present and future
earning capacity of each party; 4. Any impairment of earning capacity due
to domestic duties or delayed education, training, employment, or career
opportunities due to the marriage; 5. The time necessary for the party
seeking alimony to acquire appropriate education, training and employment
6. Whether the party seeking alimony is the caretaker of a child whose
condition is such that it would be inappropriate for that party to seek
employment; 7. The standard of living established during the marriage; 8.
The duration of the marriage; 9. The age and physical and emotional
condition of each party; 10. The tax circumstances of each party: 11. Any
other factor the court deems relevant. 750 ILCS 5/504
Distribution of property The court will divide the marital property of
the parties as it deems equitable and just without regard to marital fault
after setting aside to each spouse that spouse's separate property.
Factors the court will consider in dividing the marital property include:
1. The contribution of each spouse to the acquisition and preservation of
the marital and non-marital property; 2. The dissipation by each party of
the marital and non-marital property; 3. The value of the property set
aside to each spouse; 4. The duration of the marriage; 5. The economic
circumstances of the parties at the time the division of property takes
effect; 6. Any pre-existing rights and obligations from previous
marriages; 7. Any antenuptial agreement between the parties; 8. The age,
health, station, occupation, amount and sources of income, vocational
skills, employability, estate, liabilities and needs of each party; 9. The
custodial provisions for any children; 10. Whether the apportionment is in
lieu of or in addition to alimony; 11. The reasonable opportunities of
each spouse for future acquisition of capital assets and income; 12. The
tax circumstances of the property division. 750 ILCS 5/503
Child custody Custody of the child is determined according to the
child's best interests, after consideration of the following factors: 1.
The wishes of the child's parents; 2. The wishes of the child; 3. The
interaction and interrelationship of the child with his parents and
siblings, etc. 4. The child's adjustment to home, school and community; 5.
The mental and physical health of all individuals concerned; 6. Any
instances of domestic violence or abuse; 7. The willingness and ability of
each party to encourage a close and continuing relationship between the
child and other parent.
The court may interview the child in chambers to ascertain his wishes
as to custody and visitation. 750 ILCS 5/602, 750 ILCS 5/604
Child support The court may order either or both parties to a
dissolution of marriage proceeding to pay child support in an amount
reasonable to provide for the child's necessary needs. The State of
Illinois has enacted child support guidelines which establish the amount
of support which is presumed to be correct. The court may deviate from the
guidelines, however, when it finds that the application of the guidelines
would be inappropriate, after consideration of the following factors: 1.
The financial resources and needs of the child; 2. The financial resources
and needs of the custodial parent; 3. The standard of living the child
would have enjoyed had the marriage not been dissolved; 4. The physical
and emotional condition of the child and his educational needs; 5. The
financial resources and needs of the non-custodial parent.
If the court deviates from the guidelines, it must state its reasons
for deviating from the guidelines and state the amount which would have
been required under the guidelines.
The court shall also include in any order for child support a provision
providing for the health care coverage of the child. 750 ILCS 5/505, 750
ILCS 5/505.2
Conciliation/Mediation If the court determines that there is a prospect
of reconciliation, the court may, at the request of either party or on its
own motion, order counseling for the parties. 750 ILCS 5/404 Educational
program In a action for dissolution of marriage involving minor children,
the court may order the parents to participate in an educational program
concerning the effects of divorce upon children. 750 ILCS 5/401.1
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