Divorce Laws in Illinois

Exploring Illinois Divorce Law and Process

As one of the most conservative states in the country, Illinois has a divorce rate of only 3.2% per 1,000 of the population. But if you do find yourself in a situation where you need to divorce, it is important to understand the divorce law and process in the state.

The divorce process in Illinois takes a minimum of 90 days due to the waiting period stipulated in Illinois divorce law. One of the spouses must have been an IL resident for at least 90 days in order to file for divorce. Grounds for divorce can be either fault or non-fault.

Understanding the Cost of Divorce in Illinois

The divorce cost in Illinois for a simple uncontested divorce depends on the county filing fees which are around $300. However, the actual cost of divorce can vary considerably if your case is more complex and requires significant attorney time.

For a fault divorce, the court decree cannot go in favor or against anyone until the grounds are satisfied before the divorce court. This can take considerable time depending on the complexity and thus the cost of the divorce will likely be higher. The same is true for a contested divorce, whereby both parties cannot reach an agreement – the divorce costs in Illinois will increase with complexity.

Annulments in Illinois

Like most of the states of the US, annulments are also rare in Illinois. The annulment grounds are seldom met and therefore annulment cases are infrequently petitioned.

Be informed and aware when it comes to divorce law and process in Illinois. It is important to understand the costs and the process to ensure a fair outcome for all involved.

Divorce Grounds in Illinois

When two people come together in marriage, they intend to build a life together and grow a relationship. Unfortunately, sometimes the relationship does not work out and the only option left is for the two to divorce. In Illinois, the legal process of divorce requires a person to establish one or more grounds for divorce when filing. Here are the primary divorce grounds in Illinois:

Irreconcilable Differences

The most common ground for divorce in Illinois is irreconcilable differences. This divorce ground essentially means that the two parties have grown apart, leading to insurmountable differences in their marriage.

Impotence

If one spouse is found to be impotent, then the other spouse can pursue a divorce based on this ground.

Bigamy

If one spouse is found to be married to another person while they are still married to the other spouse, then the marriage is considered void and bigamy. The original spouse can pursue a divorce based on this.

Adultery

If one spouse is found to be unfaithful to the other, then the other spouse can pursue a divorce based on adultery.

Desertion

When one spouse completely abandons the other without any contact for a certain period of time, then the deserted spouse can pursue a divorce based on this ground.

Habitual Drunkenness

If one spouse is a habitual drunkard, the other spouse can pursue a divorce based on this ground, provided that the drunkenness has been ongoing for two or more years.

Attempt on the Life

If one spouse attempts to take the life of the other, then the other spouse can pursue a divorce based on this ground.

Extreme and Repeated Physical Cruelty

If one spouse is the victim of physical abuse, then the other spouse can pursue a divorce based on this ground.

Extreme and Repeated Mental Cruelty

If one spouse is the victim of verbal abuse, then the other spouse can pursue a divorce based on this ground.

Conviction of a Felony or Other Infamous Crimes

If one spouse is convicted of a crime, then the other spouse can pursue a divorce based on this ground.

Infecting the Other Spouse with STD

If one spouse is found to be infected with an STD, then the other spouse can pursue a divorce based on this ground.

If you’re considering filing for divorce in Illinois, it’s important to understand the full range of divorce grounds available to you. Be sure to contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Illinois.

A Comprehensive Guide to Illinois Divorce Law

Filing for divorce in Illinois can be an intimidating process. That’s why it’s important to understand the state’s divorce laws so that you can make sure you’re filing correctly and that all of your rights are respected. Here’s a comprehensive guide to Illinois divorce law.

Residency Requirements

Before filing for divorce in Illinois, it’s important to be aware of the residency requirements. According to Illinois divorce law, the petitioner must be a resident of Illinois for at least 90 days, and the process of dissolution should take place in a county where either spouse lives.

Documents Required for Filing

When filing for divorce in Illinois, two essential documents must be submitted: a Petition for Dissolution of Marriage and a Judgment for Dissolution of Marriage. There are some other documents that must be filed during the process as well, such as a Verification Statement, Waiver of Two Year Statutory Period of Separation, Financial Disclosure Statement, Entry of Appearance, Waiver, and Consent.

Distribution of Property

In Illinois, property is divided according to the law of equitable distribution, which means it is divided fairly, not necessarily equally. All community property is subject to distribution, with the exception of property owned prior to the marriage or gifted by either spouse.

Change of Name or Restoration of Name

In her petition for dissolution of marriage, the wife may request the restoration of her maiden name.

Mediation Counseling

If the court feels that there is a chance of reconciliation, mediation counseling may be ordered. This can happen either at the request of either party or on the court’s own motion.

Alimony

In some cases, Illinois divorce law may dictate that one spouse receives permanent or temporary alimony. Different financial factors are taken into account by the court before making this decision. The types of alimony that may be awarded in Illinois include temporary alimony, which is paid from one spouse to the other during the trial period or before the divorce is finalized.

Illinois Annulment Laws

Are you considering annulment? Divorce is the termination of a legal marriage, while annulment is a court’s decree nullifying the validity of a marriage. But annulment is more difficult to prove due to the grounds for annulment set by Illinois annulment laws.

Grounds for Annulment According to Illinois Annulment Laws

• Bigamy and Polygamy – Both bigamy and polygamy are not recognized by the laws of Illinois, and an annulment can be filed under Illinois annulment laws.
• Same-Sex Marriage – Same-sex marriages are prohibited in Illinois, and can be annulled under Illinois annulment laws.
• Consanguinity – If your spouse is a close relation like a father, mother, sister, uncle or aunt, you can get an annulment under Illinois annulment laws.
• Underage Marriage – Illinois law strictly restricts the marriages of children who are under 17 years of age without the consent of parents, guardian or the court. Such marriages can be annulled under Illinois annulment laws.

Knowing your rights is the first step to making an informed decision on your marital status. It’s important to understand Illinois annulment laws to determine whether annulment or divorce is the best option for you.

Illinois Divorce Law – Frequently Asked Questions

Understanding the Illinois divorce law can be confusing. To help you out, here are some of the most commonly asked questions about filing for divorce in the state of Illinois:

• How long must I have lived in Illinois to file for divorce? According to the provisions of the Illinois divorce law, you need to have been a resident of the state for at least 90 days before being able to file for divorce.
• What if my spouse doesn’t live in Illinois? Under the Illinois divorce law, there are no requirements for your spouse to live in Illinois. However, this can complicate the divorce process, as your spouse will need to be served with divorce papers to inform him/her of the divorce complaint that you have filed in Illinois. This means that you will need a server to serve this notice, requiring more paperwork and more time.
• How long will it take for me to get my divorce? Each divorce case is unique, so there really is no formula to calculate the time it will take for your divorce to be settled. The more complicated the divorce, the more time it will take to be decreed by the court.
• What is the court filing fee for divorce in the State of Illinois? The court filing fee for divorce depends on the county of Illinois that you are living in. Expect to pay around $300.
• How do divorce attorneys in Illinois charge their clients? Most Illinois divorce lawyers have an hourly rate that they charge their clients.
• What is the divorce cost in Illinois? Each divorce case is unique and the costs depend on the time it takes to settle your divorce and the hourly rate that your Illinois divorce lawyer charges. There are also divorce filing fees for which the cost varies per county.
• Do I really require the services of an Illinois divorce lawyer? Yes, you require an Illinois divorce lawyer since he/she understands the divorce process much better. The law does allow you to represent yourself in the court, but that is not always advisable.
• Can my spouse and I hire the same Illinois divorce lawyer in order to save money? No, it is not possible for any Illinois divorce lawyer to represent both of the spouses in court. It is possible to hire the same Illinois divorce lawyer to prepare the divorce papers for both the spouses.
• Is a common law marriage legally recognized in Illinois? No, Illinois doesn’t recognize common law marriages.
• Is Illinois a No-Fault State? Yes, Illinois is a no fault State. However, in Illinois you can also file for divorce on grounds. No fault divorces finish faster.
• How long does a couple have to be separated before being decreed as divorced? If both the spouses have agreed to a separation and the divorce is irretrievably broken on no-fault grounds then the Illinois divorce law requires a 2-year separation. In certain cases, this period has been reduced to 6 months.

Filing for divorce in Illinois can be complicated, so it is important to understand the law and get the right help to make sure that the process goes as smoothly as possible.