Illinois divorce laws

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RESIDENCY REQUIREMENTS AND WHERE TO FILE:

The proceedings shall be had in the county where the plaintiff or defendant resides. [ Compiled Statutes 750 – Chapter 5 – Sections: 104 and 401]

LEGAL REASONS FOR DIVORCE:

No Fault: That the spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court discovers that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of your family. If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the union, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court.

Fault Reasons: The next grounds for dissolution exist if, without provocation or cause by the petitioner:

The respondent was at the time of such union, and continues to be naturally impotent naturally impotent.
The respondent had a husband or wife living at the time of the union.
The respondent had committed infidelity subsequent to the marriage.
The respondent has willfully deserted or absented himself or herself in the petitioner for one year’s space, including any interval during which litigation may have pended between the partners for legal separation or dissolution of marriage.
The respondent has been guilty of habitual drunkenness for 2 years’ space.
The respondent has been guilty of gross and confirmed habits caused by the excessive use of addictive drugs for the space of 2 years, or has tried the life of the other by poison or other means showing malice, or has been guilty of extreme and repeated physical or mental cruelty, or has been convicted of a felony or other infamous crime.
The respondent has infected the other with a sexually transmitted disease.
[Based on Illinois Compiled Statutes 750 – Chapter 5 – Section: 401]

LEGAL SEPARATION:

Any man living separate and apart without fault from their partner can have a remedy for decent support and care while they reside apart. Such action shall be brought in the circuit court of the county where the parties last lived together as wife and husband or in which the respondent resides. In the event the respondent cannot be found within the State, the action may be brought in the circuit court of the county where the petitioner resides. Commencement of the action, temporary relief and trials shall be the same as in actions for dissolution of marriage. A proceeding or ruling for legal separation shall not bar either party from instituting an action for dissolution of marriage, and a ruling shall be granted if the party has fulfilled the conditions of Section 401.



MEDIATION OR COUNSELING REQUIREMENTS:

If the court concludes there is a prospect the court, at the request or on its own motion, may order a conciliation conference. Counseling and the conciliation conference shall occur at the recognized court conciliation service of that judicial district or at any similar service or facility where no court conciliation service has been created.

[ Based on Illinois Compiled Statutes 750 – Chapter 5 – Section: 404 and 401.1]

PROPERTY DISTRIBUTION:

Illinois is an equitable distribution state, meaning that marital property shall be split equitably, not necessarily equally. Married property shall be divided, without regard to marital misconduct, considering all relevant variables, including:

The contribution of each party or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse or to the family unit.

The dissipation by each party of the marital or non-marital property.
The financial value of the property assigned to each partner.
The length of the marriage.
The useful economic circumstances of each spouse when the division of property would be to become powerful, including the right to live therein, or the desirability of giving the family home for reasonable intervals, to the spouse having custody of the kids.
Any duties and rights arising from a previous marriage.
Any post-nuptial agreement of the parties.
The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties.

The custodial provisions for any kids.

The reasonable opportunity of each spouse for future acquisition of capital assets and income.
The tax effects of the property division upon the respective economic conditions of the parties.

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