Illinois Divorce Law Details
The sad truth about some marriages is that they just weren’t meant to last. On the bright side, the divorce rate across the nation is actually down. This is true in Illinois where there were just over 32,000 divorces in 2019. That certainly lowers then the 1979 high of over 52,000 divorces.
The Circuit Court must have jurisdiction over your case when you wish to apply for dissolution of marriage in Illinois. Your divorce may be granted providing that you have been a resident of Illinois for a period of no less than 90 when applying for dissolution of marriage.
In some cases, Illinois divorce court judges can require mandatory reconciliation therapy if the court thinks there might be a glimmer of hope of the couple staying together. If not, then divorce proceedings can begin if you’ve been a resident of Illinois for at least 90 days.
Depending on the circumstances, the proceedings can last anywhere from a couple of weeks to several years. Additionally, it costs anywhere from $250 to $300 to simply file the divorce petitions
Grounds for Divorce in Illinois
As with most other states, Illinois grants no-fault and fault divorces. The person filing for the divorce is called the petitioner whereas the other side is referred to as the respondent. The primary factor considered in a no-fault divorce is if the couple has lived apart for a continuous period of time. If it’s been two years or more, the no-fault divorce will be quickly granted.
The two-year clause can be waived if the couple has lived apart for at least six months and can prove that they’ve reached irreconcilable differences with no hope of salvaging the marriage.
There are several factors that can be applied for a fault divorce in Illinois. If the respondent is naturally impotent or has another wife and family at the time of the marriage these would be considered grounds for a divorce. The same holds if the respondent has committed adultery, abandoned the spouse, has been deemed to be a substance abuser for at least two years, is convicted of a felony, or is found guilty of mental or physical abuse.
Lastly, if the respondent transmitted a sexual disease that is also considered grounds for divorce in Illinois.
When applying for dissolution of marriage in Illinois there are certain grounds and these are no-fault-based grounds and fault-based grounds.
No-fault based grounds
- Living apart and separate from each other for a period of at least two years
- Irretrievable breakdown of the marriage with no chance of reconciliation
- One of the spouses was previously married and never divorced
- Wilful desertion for a period of 1 year or more
- Two years or more of habitual drunkenness
- Two years or more of drug addiction
- Extreme and repeated cruelty
- Imprisonment or felony conviction
- Infected with a sexually transmitted disease
Property division when divorcing in Illinois
Illinois is considered an “equitable distribution state.” This means that any property or assets that were obtained or created during the time of the marriage will be divided equally. The exceptions are if a spouse received any gifts or inheritance outside of the marriage.
Factored into the dissolution of the property would be any pre-nuptial agreements and child custody issues. The court can also consider what kind of tax burdens might be placed on either spouse as a result of gaining property.
A judge in a divorce case will encourage the couple to mediate the division of their property and assets. If they can settle it between themselves things will go a lot smoother and quicker which should be the goal in these types of cases.
If possible, any property division is down to the parties to work out. However, if this is impossible then the Circuit Court will divide the property. As an equitable state when the courts are dividing property, they will first decide which property is considered marital. This property is then given a monetary value and will be divided fairly between the spouses. They will consider the following when doing so:
- The contribution of each of the spouses
- The dissipation of each spouse when it comes to marital or on marital property
- The value of each property assigned to the spouses
- How long the marriage lasted
- The economic circumstances of each of the spouses
- Obligations that arise from a previous marriage
- Any anti-nuptial agreement of the spouses
- The health, occupation, sources of income, and employability of each of the spouses
- Custodial provisions for any children
- The opportunity for each spouse to further acquire capital assets or income
- Tax consequences of the property division 750 Illinois Compiled Statutes – Chapter 5 – Sections: 503
Child Custody in an Illinois Divorce
If children are involved in a divorce in Illinois, then the court will take into account what is considered best for their emotional and physical well-being. This will mean asking both the parents and the children what their wishes are concerning sole or joint custody.
Quite often, the children’s feelings are what sways a divorce court judge. With regard to child support amounts in Illinois, the minimum for one child is 20% of the net income. For two children it is 28%, for three children it goes up to 32% and rises accordingly for each child.
Child custody factors in Illinois
The Court will take the needs of the child into account and will consider the following when deciding child custody factors:
- The wishes of the parents as to custody of the child
- The wishes of the child themselves
- The interaction of the child with parents, siblings, and any other relevant person residing on the property
- How well the child has adjusted to home, school, and the community
- The physical and mental aspects of the child
- Any history of violence
- Any ongoing or repeated abuse within the family
- The willingness of each of the parents to ensure the child has a relationship with the other parent 750 Illinois Compiled Statutes – Chapter 5 – Sections: 602, 603 and 610
Child support factors
Either of the parents may have to pay towards child support costs. If the official guideline, which the court rules by, is not appropriate then the following will be taken into account:
- The needs and financial resources of the child
- The standard of living that the child might have enjoyed had the divorce not taken place
- The emotional, physical, and educational needs of the child
- The financial resources and needs of both the parents
- Health insurance premiums may also be taken into account by the court
If child support is not met by the spouse or spouse then the spouse or spouse’s driving license may be revoked [625 Illinois Compiled Statutes Annotated; Chapter 5, Sections 7-703 and 750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 505, 505.2, and 507