You can find the Illinois Marriage and Dissolution of Marriage Act at 750 ILCS 5/. This is a basic overview of divorce in Illinois. You should consult an attorney to discuss how the law applies to the facts in your case.
A person may file for divorce in Illinois if he or she has resided in Illinois for at least 90 days. The court can address parenting responsibilities/custody if the children have been here at least 6 months. To address support and property, both spouses must reside in Illinois unless there is an agreement.
The only grounds for divorce are Irreconcilable Differences. If both parties agree to the divorce, there is no waiting period. Otherwise, the spouses must be separated for at least 6 months.
Parental Responsibilities, significant decision-making and parenting time are decided after considering the best interests of the children. Click here to read our blog regarding parental responsibilities.
Child Support and Maintenance can also be awarded in the divorce. For more information regarding child support and maintenance, click to read our blogs.
Your assets and debts will need to be divided. This includes real estate, cars, retirement plan, bank accounts, credit cards and more. The court uses a rule of equitable distribution. Essentially, this means fairly. It does not necessarily mean straight down the middle.
It is important to know that Illinois is a “no fault” state. That means that the court cannot consider marital misconduct, such as adultery or even abuse when dividing property.
Attorney’s fees can be awarded on an interim and/or final basis. There are several factors to consider. The main ones are the income of the parties and the complexity of the case. The court does not consider who filed for divorce or any marital misconduct.
This blog discusses how the court makes decisions. However, it is common and encouraged for parties to make the decisions for themselves by reaching agreements on some or all of the issues. As long as the court believes the agreements are fair and in the best interests of the children, it will approve them.
Contact us if you are facing a divorce. We have the knowledge and experience to vigorously fight for you.
Content contained on this site is for informational purposes only and should not be considered legal advice. You should consult an attorney of your choosing to discuss your particular case and to obtain legal advice specific to your situation.