Sunday, January 30, 2011

Illinois Divorce Laws


The Court shall enter a judgment of dissolution of the marriage, if at the time of that application for one of the spouses was domiciled in this State or has been stationed in this State, while a member of the armed forces and the residence or the military presence was maintained for 90 days next preceding the beginning of the action or conducting the investigation. The proceedings must be had in the county where the plaintiff or the defendant is resident. [Based on Illinois compiled statutes-750-Chapter 5: sections 104 and 401]

legal grounds for divorce:No failure: 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 marriage and the Court determines that the reconciliation efforts have failed or that future attempts at reconciliation would be impracticable and not in the interest of the family. If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of judgment of dissolution of marriage, as evidenced by the witness or affidavits of the spouses, the requirement to live 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.

reasons for failure: There are the following reasons for dissolution if, without cause or provocation by the petitioner:

The defendant at the time of the marriage and continues to be naturally impotent naturally impotent. The defendant had a wife or husband living at the time of the marriage. The respondent had committed adultery after the marriage. The defendant has voluntarily abandoned or absented himself from the signer for the space of a year, including any period during which the litigation may have suspended between spouses to divorce or legal separation. The defendant has been guilty of habitual drunkenness to the space of 2 years. The defendant was guilty of gross habits and confirmed, caused by excessive use of addictive drugs for the space of 2 years, tried the lives of others by poison or by other means, revealing the malice, or was guilty of extreme mental or physical cruelty and repeated or has been convicted of a felony or other forms of crime, infamous. The defendant is infected with a sexually transmitted disease.

[Based on Illinois compiled statutes 750-Chapter 5-section: 401]


Any person living separate and apart from the spouse without fault may have a remedy for reasonable support and maintenance while they live so well. Such action shall be brought in the circuit Court of the province in which the defendant resides or in which the parties Last resided together as husband and wife. If the defendant is not found within the State, the action may be brought in the circuit court of the province in which the claimant resides. Commencement of evidence, action and temporary relief must be identical to that of the actions for the dissolution of the marriage. A decree of legal separation or a proceeding shall not preclude either party to initiate an action for dissolution of marriage, and is granted if the party so movement has met the requirements of section 401, a judgment of dissolution. [Based on Illinois compiled statutes 750-Chapter 5-section: 402]


If the Court concludes that there is a prospect of reconciliation, the judge, at the request of the parties or on its own initiative, may order a conciliation Conference. The conciliation Conference shall take place and counselling at the conciliation service of the Court established judicial district or any similar service or facility where it was not established any conciliation service of the Court.

In an action for dissolution of marriage involving minor children, or a post judgment proceedings involving minor children, the judge may, on its own motion, order parts, not including minor children, to participate in an educational program concerning the effects of dissolution of marriage on children, if the Court finds that it would be in the interests of minor children. [Based on Illinois compiled statutes 750-Chapter 5-section: 404 and 401.1]


Illinois was a fair distribution, means that the marriage is split equally, not necessarily the same. For the purposes of distribution of property, all property acquired by spouses after marriage and before a judgment of dissolution of the marriage is deemed to be in common, the conjugal property, regardless of whether the title is held individually or by the spouses in some form of co-ownership, joint tenancy, tenancy as tenancy by the entirety or property of the community. Conjugal property should be divided, without regard to marital fault, considering all relevant factors, including:

The contribution of each party for the acquisition, preservation, or increase or decrease the value of non-marital conjugal or property, including the contribution of a spouse as a housewife or for the unity of the family. Dissipation from each part of the marital property or not. The value of the property assigned to each spouse. The duration of the marriage. The economic circumstances of each spouse when the Division of property is to become effective, including the opportunity for designation of a family home, or the right to live therein for reasonable periods, for a spouse having custody of children. The obligations and rights arising from a previous marriage of both parties. Any agreement of the parties in autumn. Age, health, employment, station, amount and sources of income, professional skills, employability, estate, the liabilities and needs of each party. The provisions of sentences for children. If the distribution is instead of or in addition to maintenance. The reasonable possibility of each spouse to the future acquisition of capital assets and income. The tax implications of property Division on their economic conditions of the parties.

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