Illinois Divorce Laws 3

In: Illinois

Divorce Law Basics in the State of Illinois

Also See: Illinois Marriage Laws

Statute: Illlinoi State Divorce Code (750 ILCS 5/, Part IV):

No-Fault Grounds:

  • The parties have lived apart for at least two years due to irreconcilable differences
  • The parties have lived apart for at least six months if the two year legal separation period is waived by both spouses and approved by the court

At-Fault Grounds:

  • Impotence
  • Bigamy
  • Adultery
  • Wilful desertion or absence for at least one year
  • Habitual drunkenness for at least two years
  • Excessive use of addictive drugs for a two year period
  • Physical or mental cruelty
  • Conviction of a felony
  • The respondent has infected the petitioner with a sexually transmitted disease

Residency: Either party must have been a resident continuously for 90 days or more prior to filing.

Legal Separation Recognized? Yes. Alimony can be awarded without having a divorce pending.

Counseling Requirements: The court may order counseling if it appears that a reconciliation is a possibility. The court may also order attendance of a parenting program in cases involving minor children.

Property Distribution : Illinois relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge. While the judge is not required to consider fault when determining alimony, the conduct of the parties can be a factor in the decision process.


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