Illinois Divorce

Illinois divorce laws allow spouses to end their marriage, divide property, and provide spousal or child support.

Residency Requirement

Before filing for a divorce in Illinois, one spouse must live in Illinois for 90 days. The case must be filed in the county where either spouse lives.

Grounds For Divorce

The Petition for Dissolution of Marriage is the first document filed with the Illinois divorce court.

No-Fault Divorce

The spouses must be living separately for a continuous period of at least two years and state that irreconcilable differences caused the end of their marriage.

Fault Divorce

Illinois divorce laws state that grounds for a fault divorce are as follows:

• Impotence
• Previously married and never divorced
• Adultery
• One spouse has deserted the other spouse for one year
• Habitual drunkenness for at least two years
• Drug addiction for at least two years
• Repeated and extreme physical or mental cruelty
• Felony conviction or imprisonment
• Infection with a sexually transmitted disease

Dividing Property and Debts

Property and debt disputes settled between the parties must be in writing and signed by both parties. When the parties cannot reach a settlement, the judge divides all property and debts.

First, the judge will go through a discovery process to figure out which property and debt belongs to the couple. Then, the judge will assign a monetary value to the couple’s property and debt. Finally, the judge will distribute the assets and debts between the two parties in a fair manner.

The judge will divide the property by considering all relevant factors, including:

• The contribution of each party to the value of the property, including the contribution of a spouse as a homemaker
• The value of the property distributed to each spouse
• The duration of the marriage
• The financial situation of each spouse when the property is divided, such as the need to give the family home to the spouse who has custody of the children
• Any obligations and rights arising from a prior marriage of either party
• The age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each of the parties
• The custody of any children
• The reasonable opportunity of each spouse for future acquisition of capital assets and income

Alimony

According to Illinois divorce law, the judge will order support from one spouse to the other if the parties cannot agree on spousal support. Spousal support is called alimony.

Without regard to misconduct, the court will award alimony in a lump sum or for a fixed or indefinite period of time. The alimony may be paid from the income or property of the other spouse after considering all relevant factors, including:

• The income and assets of each party
• The needs of each party
• The earning capacity of each party
• Any impairment of the earning capacity of the party seeking alimony caused by that party devoting time to the household or having delayed education or employment opportunities
• The time necessary for the receiving party to seek employment
• The standard of living established while married
• The length of the marriage
• The age and health of both parties
• Contributions and services by the party seeking maintenance to the education or career potential of the other spouse

Child Custody

In Illinois, the divorce court considers all relevant factors regardless of a parent’s gender, including:

• The wishes of the child’s parents
• The wishes of the child as to who has custody
• The relationship of the child to the parents, siblings, and any other person who significantly affects the child’s best interest
• The child’s adjustment to home, school, and community
• The mental and physical health of everyone
• The physical violence by the child’s potential custodian, whether directed at the child or at another person
• The occurrence of ongoing or repeated abuse, whether directed at the child or directed at another person
• The willingness and ability of each parent to encourage a close relationship between the other parent and the child

Child Support

Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official guidelines are not appropriate, the following factors are considered:

• The financial resources and needs of the child
• The standard of living the child would have enjoyed if the marriage had not ended
• The physical, emotional, and educational needs of the child
• The financial resources, needs, and obligations of both the non-custodial and the custodial parent

Support payments may be ordered to be paid directly to the court. Illinois driver’s licenses also may be revoked if the court-ordered child support payments are not made.