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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