Divorce Laws in Illinois

Author: Joe Pioletti Posted on: . Filed in: Divorce.

Divorce Law

Divorce LawThe State of Illinois will order a judgement of divorce if one party was a legal resident living in the state for 90 consecutive days.  There are several grounds for filing for a divorce, the first being, no fault.  A no fault divorce, basically means, that the couple has been living separately for more than 24 months (2 years), have reached an impasse, and reconciliation is not possible.  Irreconcilable differences are the ultimate cause of the breakdown of the marriage.

Then there are “fault” grounds for divorce, such as:

  1. One party is legally married to someone else.
  2. Adultery has been committed.
  3. One spouse has absented themselves from the family for 12 consecutive months.
  4. Excessive drug or alcohol abuse for 2 or more years.
  5. A sexually-transmitted disease has been passed onto the spouse.

If the courts believe that reconciliation between the couple is a possibility, the courts may order a “conciliation conference”, or some other form of counseling.  In addition, if minor children will be directly impacted by the divorce, a judge has the ability to order the couple to attend educational seminars that will discuss the impact that the divorce will have on the children.

Property distribution will also be a large part of the divorce

Regardless of marital conduct, marital property is divided based on the following points that are relevant to each individual case:

  1. The duration of the marriage.
  2. The financial status of each spouse, at the time of the divorce.
  3. Pre or Post-nuptial agreements among the couple.
  4. Who will have full custody of the children?
  5. Tax consequences of the property in question, and the economic status of each party.

Other considerations of property division may include the health, age, occupations, and vocational skills of the parties involved

Non-marital property is property that has been acquired as a gift, or due directly from an inheritance prior to the marriage.  Also, any property that both parties have agreed via a signed legal document that will be excluded from the divorce proceeding.

The Illinois courts may require either spouse to pay the other either temporary or permanent monies (regardless of marital conduct), for an indefinite period of time.  Some factors that will be considered when making this judgement can include:

  1. The income of each spouse.
  2. The financial needs of each spouse.
  3. The present, as well as, future earning capabilities of each spouse.
  4. The time necessary to acquire proper training and education for one spouse to financially support themselves.
  5. The length of time the couple were married.

Based on the best interest of the child, the court will determine custody rights.  The wishes of the parents and child are considered, as well as, any adjustment to current community, home and school location, but the ruling is not based on this information.

Also, according to the Illinois Compiled Statutes 750, Chapter 5, Section 413; as part of the divorce proceeding, the wife shall be granted her former (or maiden name), if so desired.

Joe Pioletti

Joe Pioletti

Attorney Joe C. Pioletti was born and raised in Eureka, IL.Joe received his Bachelor of Arts Degree in Business Management from Eureka College where he also minored in Spanish.Joe then received his Juris Doctor from Southern Illinois University School of Law.While in law school Joe worked in the Domestic Violence Advocacy Clinic and was a three-time recipient of the Charter Class Campaign for Academic Excellence Scholarship.
Joe Pioletti