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Illinois Divorce

Going through the Illinois divorce process alone can be difficult, especially when trying to figure out how Illinois divorce laws will affect your divorce. Connect with a local Illinois divorce lawyer to make sure you consider the different divorce options available to you. Find an Illinois divorce attorney to get advice on how Illinois divorce laws may affect the outcome of your divorce.

If you are considering a divorce, Total Divorce can help you find an Illinois divorce attorney to set up a preliminary consultation. Get legal advice on filing for divorce and the Illinois divorce process with the help of an Illinois divorce lawyer in your area. Call 877-349-1310 or fill out an Illinois divorce case review form to connect with an Illinois divorce attorney near you today.

Overview of Illinois Divorce Law

Find out more about the Illinois divorce laws. Get help from an Illinois divorce attorney to learn how divorce laws in your state may affect you and your family.

Grounds for Illinois Divorce: In Illinois divorce court you can file for divorce on the grounds of both fault and no fault. Under no fault based grounds for Illinois divorce, you and your spouse must have lived separately for a continuous period of at least two years (or six months if by written agreement between the parties); irreconcilable differences are considered the cause of the irretrievable breakdown of the marriage. You may file for divorce on fault based grounds such as:

  • Impotence
  • Adultery
  • Previously married and never divorced
  • Habitual drunkenness for two years
  • Drug addiction for two years
  • Infected with a sexually transmitted disease
  • Felony conviction or imprisonment
  • Physical or mental cruelty
  • Desertion for one year

Divorce Residency Requirements in Illinois: To file for divorce in Illinois, you must be a resident of the state or have military presence for at least 90 days. The divorce proceedings may be filed in either county where the plaintiff or defendant reside.

Illinois Divorce & Property Division: Illinois is considered an equitable distribution state, meaning the marital property is divided by what the divorce courts consider fair. The courts consider some of the following factors:

  • Contribution of each spouse to the marital property
  • Dissipation by each spouse of the marital property
  • Value of the property
  • Length of marriage
  • Economic circumstances of each spouse
  • Obligations and rights from a prior marriage
  • Antenuptial agreements made by the spouses
  • Age, health, station, occupation, source of income, vocational skills, employability, estate, liabilities and needs of each spouse
  • Custodial arrangements of any children
  • If the property appointment is in lieu of spousal support
  • Each spouse's possible acquisition of incomes in the future
  • Tax consequences from the property division

Illinois Divorce Waiting Periods: Under Illinois divorce law, there's generally a six month waiting period before filing the divorce decree for a divorce that is not opposed, but there's not a waiting period for the judgment to become effective after the divorce decree is entered. Illinois doesn't have a remarriage waiting period once the decree is finalized.

Child Custody in Illinois Divorce: The Illinois divorce courts will consider relevant factors when determining custody, such as:

  • Wishes of the child's parents
  • The child's wishes
  • Interaction and interrelationship of the child with each parent, siblings and other people who may affect the child's best interest
  • Child's adjustment to home, school and community
  • Mental and physical health of everyone involved
  • Physical violence or threat of physical violence in the custodial home
  • Ongoing abuse of the child or another person in the custodial home
  • Each parent's willingness and ability to encourage a close relationship between the other parent and child

Illinois Child Support: In Illinois divorce court, either or both parents may be ordered to pay child support. The divorce courts follow official guidelines that don't consider marital fault. If the child support guidelines are not appropriate for the situation, the courts consider:

  • Financial resources and needs of the child
  • Standard of living the child would have enjoyed if the marriage had not ended
  • Physical, emotional and educational needs of the child
  • Financial resources, needs and obligations of the both parents

Illinois divorce law continues to change, but by speaking with a local Illinois divorce lawyer, you can learn more about how Illinois divorce laws may affect you and your family. Work through filing for divorce and the Illinois divorce process with the help of a divorce attorney in Illinois. Connect with an Illinois divorce lawyer in your area today by filling out the form below or calling Total Divorce at 877-349-1310.

The above synopsis of Illinois divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local divorce lawyer in your area.