Illinois Divorce Laws

Were you unbelievably happy after marrying the person you loved and thought you were a match made in heaven? At that time, you expected those great feelings to last forever, and most people feel the same.

Unfortunately, sometimes people realize they made the wrong decision and want to make it right through by dissolving their marriage. During the process of divorce, you will face many challenges, and one of them is understanding the rules of the process.

Divorce law in Illinois

Studying divorce laws in Illinois is the most important thing to do before starting the divorce process. When going to court, you must be confident about your willingness to split up as well as about your chances to do so without any problems.

When you research Illinois divorce law you will be able to assess your situation and learn about the process and what actions you have to take to get through everything with the least amount of effort. Once you have familiarized yourself with Il divorce laws, you can take the right steps and ensure that your official separation goes smoothly.

Grounds for divorce in Illinois

When you are deciding to start the official divorce process, be prepared to explain your reasons. The grounds for divorce in IL may vary, but to a large extent, they define the steps you have to take.

There are two major categories of reasons for divorce: “fault” and “no-fault” cases. In other words, you can file documents to start a divorce if there is any kind of abuse within your marriage, or if you are unable to live together anymore. This is referred to as irreconcilable differences. Thus, if you want to end your marriage officially, be ready to state a valid reason.

Among the grounds for dissolution of marriage in Illinois, fault-based cases include:

  • Impotence or adultery
  • Alcohol abuse or drug addiction for 2 years
  • Physical or mental cruelty
  • Abandonment for over 1 year.

No matter what reasons for divorce in Illinois apply to your case, be sure to mention them when preparing your documents and prove their validity during the court hearing. Note that the reason you provide does not influence property division, although it may affect child custody.

Divorce laws in Illinois: Adultery

If you or your partner reside in the state of Illinois, divorce laws here define the resolution in your case. However, before starting the separation process, study the regulations to be aware of what may happen and what you have to do. This is especially true if adultery is your basis for separation.

The most important thing you must consider is that unfaithfulness does not change the way your official separation process runs. Divorce laws in Illinois about property state that property will be divided between the spouses by the judge. No matter who initiates marriage dissolution and whose fault it is, the court will consider both partners as equal. Thus, according to Illinois divorce laws, infidelity of one partner does not serve as a reason to claim more financial resources or to demand financial compensation.

Divorce laws for Illinois residents strictly define the rules for the marriage dissolution procedure. However, from time to time, some principles may be changed. For instance, at the beginning of 2019, new divorce laws in Illinois came into effect.

The updated regulations specify the principle due to which financial support may be ordered after the breakup. According to the recently accepted Illinois divorce laws, maintenance should be calculated following an established formula. This limits the freedom of judges and provides more standardized rules on how to define alimony.

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Illinois divorce law: Alimony

One of the issues you must learn about before starting your divorce is alimony. It is a set payment that one partner may be assigned to make to the other partner, either during a specified period or permanently.

Divorce law in Illinois specifies several cases when a judge can make one of the spouses pay alimony. Temporary alimony can be assigned during the separation so that the supported partner does not experience a drastic change in living conditions. The court decides on this type of alimony after thorough consideration of the following factors:

  • The financial situation of the payer
  • Child support payments
  • The recipient’s financial needs.

This alimony usually lasts until the end of the process when the judge creates another order.

Rehabilitative maintenance is another type of alimony. It can be provided until the recipient improves their professional skills and gains financial independence. It can be ordered for a short term, or for a longer term with regular reviews. With this type of alimony, the partner with more money will pay it until the receiving party can support themselves.

In some cases, the court can also grant permanent alimony. It is assigned in cases when the recipient needs constant financial support. This occurs when they are unable to provide for themselves. Such situations include factors due to which an individual cannot support themselves outside of the marriage, such as disabilities, illnesses, or even age.

Now that you know what to expect after the procedure and are clear about its financial outcomes, it’s time to find out what steps to take and how to get through the procedure.

Illinois divorce process

When splitting up is the only option, it is time to start the divorce process in Illinois. The cost and duration will depend on the situation and the relationship between you and your spouse.

If you both agree to end your marriage and have already settled the conditions of your further lives, the divorce process for Illinois will not take long. After you submit the petition and all the necessary documents and the court hearing date is set, the process should go quickly.

If you qualify for a fast procedure, it would be more convenient and less expensive for you to use online services to prepare your documents. You will receive your papers as well as instructions on your next steps. Follow the steps and you will receive your hearing date, and then you will receive the document signed by the judge that signifies your marriage is over.

However, there are also cases when the process of divorce in Illinois is not that simple. When you cannot reach an agreement on the important matters, the whole process will take much longer. In this case, you will have to go through a contested divorce in Illinois, which usually requires mediators or lawyers. They will walk you through the necessary procedures and help to settle all the issues.

Illinois divorce requirements

When preparing for the dissolution of marriage, ensure you have thoroughly studied the divorce requirements in Illinois. According to the divorce rules in Illinois, you must have been living in the state for at least 90 days before submitting a petition.

Moreover, you should make sure you have lived separately long enough before taking any steps for divorce in Illinois. According to the local regulations, living separately for at least two years is a valid reason to end a marriage. In some cases, the court may also accept a six-month-long separation. In this case, you will have to prove that you have faced irreconcilable differences that you are unable to overcome, or you should have a more serious reason to submit the documents and start the official separation process.

Divorce procedures in Illinois

This article is intended to provide information on how to divorce. We hope that the provided information has shed some light on the divorce procedure in Illinois, which can sometimes seem very complex. However, there are many ways to make it simpler for you. If your desire to divorce is strong, you can use our online service to help you complete the paperwork. This will significantly reduce the stress and time spent on the process.

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