DIVORCE LAWS AND PROCEDURES- ILLINOIS
GROUNDS
In this state there the grounds for dissolution may be either:
- No Fault Ground, or
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Fault Ground
NO-FAULT
- The differences which have been irreconcilable is the cause for 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.
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If both spouses consent, the time period becomes 6 months
GENERAL OR THE FAULT GROUND
- The following are the general or fault ground in which the decree for dissolution may be granted:
- Impotence;
- adultery;
- habitual drunkenness for 2 years and/or drug addiction;
- conviction of a felony;
- willful desertion for 1 year;
- cruel and inhuman treatment;
- attempted poisoning or otherwise endangering the life of the spouse;
- infection of the other spouse with a communicable disease; and
- bigamy.
- The spouse filing for dissolution must have been a resident of Illinois for 90 days immediately prior to filing for dissolution of marriage.
- A petition for dissolution may be filed on one of the grounds in the Circuit court of the County where the other spouse resides.
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The dissolution of marriage may be filed in a county where either spouse resides.
LEGAL SEPARATION
- The residency requirement specified in the statute is that an action for legal separation must be brought where the Respondent resides.
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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.
PROCEDURES DISSOLUTION OF MARRIAGE
- SIMPLIFIED OR SPECIAL
- Marital settlement agreements are specifically allowed and encouraged
- In addition, Illinois has an approved "Joint Simplified Dissolution" procedure and petition found.
- To use this simplified procedure:
- the spouses must not have been married over 5 years;
- the spouses must neither have had nor adopted any children;
- the wife cannot now be pregnant by the husband;
- neither spouse can own any real estate;
- both spouses must certify that neither is dependent on the other for support [or must waive any type of alimony];
- the market value of all marital property must be less than $5,000.00; and
- 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.
- MEDIATION OR COUNSELING
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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.
DISTRIBUTION PROPERTY
- 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:
- the contribution of each spouse to the acquisition or dissipation of the marital or non-marital property,
- the value of each spouse's non-marital property;
- the economic circumstances of each spouse at the time the division of property is to become effective
- the desirability of awarding the family home to the spouse having custody of the children;
- the length of the marriage;
- the age and health of the spouses;
- the occupation of the spouses;
- the amount and sources of income of the spouses;
- the vocational skills of the spouses;
- the employability of the spouses;
- the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;
- the federal income tax consequences of the court's division of the property;
- any premarital agreement;
- liabilities of the spouses (including obligations from a prior marriage);
- whether the property award is instead of or in addition to maintenance; and
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any custodial provisions for the children
ALIMONY
- The court may award alimony or maintenance to either spouse for a period of time that it considers just irrespective of marital fault factor.
- The factors to be considered are:
- the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment;
- the standard of living established during the marriage;
- the duration of the marriage;
- the age of the spouses;
- the physical and emotional conditions of the spouses;
- the income and property of each spouse;
- 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;
- any contributions or service by the spouse seeking support to the education, career, training, potential, or licensure of the other spouse;
- any marital settlement agreement; and
- any other just and equitable factor.
- Once the judgment for dissolution is entered, a spouse receiving maintenance is expected to make good faith efforts, considering his or her age, skills, and life experience, to become self-supporting.
- Short-term rehabilitative maintenance may be awarded to enable the receiving spouse to gain skills for self-support.
- Where both spouses are able to support themselves, even if one earns substantially more than the other, maintenance may not ordinarily be awarded.
- The disparity in economic position could be equalized by agreement of the parties, or by the court after trial, by distributing a disproportionate share of the marital estate to the lesser-earning spouse.
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Maintenance may be ordered for a set period and reviewed again to see if it should continue as is, be modified, or be ended. If a spouse can establish that he or she will be unable or unlikely to be able to become self-supporting, maintenance may be permanent.
CHILD CUSTODY AND SUPPORT
- The custody of child may be awarded either (sole or joint custody) basing on the best interests of the child and upon the following factors:
- preference of the child;
- the wishes of the parents;
- the child's adjustment to his or her home, school, and community;
- the mental and physical health of all individuals involved;
- the relationship of the child with parents, siblings, and other significant family members;
- any history of violence or threat of abuse by a parent, whether directed against the child or against another person; and
- the willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent.
- To award joint custody, the court will also consider the following factors:
- the ability of the parents to cooperate effectively and consistently;
- the residential circumstances of each parent; and
- any other relevant factor.
- The parents may prepare a Joint Parenting Agreement (which may be part of a Marital Settlement Agreement) which will specify each parent's rights and responsibilities for:
- personal care of the child and
- major educational, health care, and religious training decisions.
- This 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:
- an agreement between the parents or
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a court order based on the factors listed above
SUPPORT OF THE CHILD
- 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:
- the financial resources and needs of the child;
- the standard of living the child would have enjoyed if the marriage had not been dissolved;
- the physical and emotional conditions and educational needs of the child; and
- 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.