Since state laws govern divorce, depending on where the couple resides, their experience of divorce can differ, and on top of this, divorce laws may change to reflect families’ needs. Having an understanding of current divorce requirements is therefore vital to those who wish to undergo this legal process. Learn about the grounds for divorce in Illinois, and discover how an experienced Illinois divorce attorney can aid couples considering divorce; call the legal team at Johnson O’Keefe today at (312) 319-4444 to book a confidential consultation.
Understanding Divorce
Per the Illinois State Bar Association, divorce, also referred to as dissolution in Illinois, is the legal process of ending a marriage; at the conclusion of divorce proceedings, the divorce court issues a divorce decree, which is a court order outlining the terms of the divorce, such as those related to parental responsibilities and time schedules, debt and property division, and spousal and child support. Typically, the parties attempt to agree on these terms beforehand, but if this is not possible, a divorce trial judge decides these terms instead. According to the Illinois Department of Public Health (IDPH), in 2017, just over 24,000 divorces took place in Illinois.
What Are Grounds for Divorce?
Grounds for pursuing a divorce are the reasons that a divorce court accepts to grant a married couple a divorce. These differ between states, and generally, an individual must demonstrate that their circumstances align with these grounds to formally end their marriage. For instance, in some states, the couple might have to live separately for several months to fulfill the state requirements for divorce, whereas other states have no such conditions.
Married couples can typically choose to file for no-fault (where no party is responsible) or fault divorces (where one party is responsible), which have different grounds. For instance, the grounds for a no-fault divorce usually are incompatibility, separation for a certain duration, or the marriage has irretrievably broken down, whereas example grounds for a fault divorce are adultery, abandonment, cruelty, criminal conviction, mental illness, impotency, religious reasons, and drug and alcohol abuse.
What Are the Requirements for Divorce in Illinois?
Before changes to the law in 2016, Illinois permitted no-fault and fault-based divorces. However, Illinois no longer recognizes grounds for fault divorces, making it a no-fault state. Below is an overview of Illinois’s divorce requirements, including fee and residency conditions, as well as divorce grounds.
Fee and Residency Requirements
Couples pursuing a divorce must complete several steps for the court to grant one. Firstly, they have to file a divorce petition in the county where at least one party lives. Changes to divorce laws in 2016 mean the couple can obtain a divorce immediately, but one party must have lived in Illinois for at least 90 days.
Filings for divorce petitions vary in cost between counties, typically a few hundred dollars plus additional fees to serve the other spouse with a copy of the petition; if the party filing for divorce cannot afford the fee, they could apply to the court to waive it. Obtain a further understanding of divorce requirements in Illinois, including recognized grounds for divorce, and discover how a seasoned Illinois divorce attorney can assist with any legal queries associated with divorce. Contact Johnson O’Keefe today to discuss your legal issues with our team.
Divorce Grounds
Illinois only recognizes irreconcilable differences as valid divorce grounds, defined by the state as a marriage’s irretrievable breakdown. There are several ways to demonstrate this. For example, the spouses may have undergone a six-month period of separation either by living in different households or in the same home during the period of marriage breakdown; alternatively, a spouse could assert that the marriage has broken down, that all reconciliation attempts have failed, and that any future effort to fix the relationship is not beneficial for the family.
Is Illinois a 50-50 divorce state?
Illinois splits marital property, typically referring to assets acquired during the marriage (regardless of who purchased them), as well as debts (irrespective of who accrued them), per the equitable division principle. This means a judge divides marital property and debts according to what they deem to be fair and equitable, which may not necessarily be an equal split. Importantly, this principle does not apply to separate property, such as inherited assets, gifts, property acquired prior to marriage, assets obtained following separation, and property specifically mentioned in premarital agreements.
The courts consider various factors when deciding how to split marital property and debts, such as the following:
- The contribution of each party in terms of finances and other factors such as home management
- Using, wasting, or concealing marital property
- Marriage length
- The court may assign property in such a manner to prevent one party from obtaining a disproportionate amount of marital property or debts
- Any pre-existing child/spousal support obligations from previous marriages
- Any valid postnuptial and prenuptial agreements
- The age, income, earning potential, and health of each party
- Each asset’s tax implications
- The likelihood of each party acquiring future assets
- The funds and time required by each party to fulfill their parental responsibilities
Do Both Parties Have To Agree to a Divorce in Illinois?
Agreement among the parties is not essential to obtaining a divorce. If one party refuses, the other can consider the measures Illinois has in place to prevent spouses from not responding to petitions and avoiding the legal process. However, this can lengthen and complicate divorce proceedings.
For instance, they could file a petition to dissolve the marriage, which gives the spouse a response deadline of 30 days. If they still refuse, the next option is to ask the court to proceed with the divorce without the spouse’s cooperation. This leads to a court hearing, allowing the spouse to give their reasons for refusal; if the spouse does not show up, the judge typically grants the divorce according to the terms requested (provided they are not unreasonable).
Learn More About Your Legal Rights With an Illinois Family Law Attorney From Johnson O’Keefe
Illinois courts only recognize irreconcilable differences as a valid reason to obtain a divorce; this means there is no need to blame another party as the parties merely have to demonstrate that the couple has tried to reconcile but the relationship is beyond repair. However, preparing for divorce proceedings is advisable, which is where consulting with a lawyer can help. Understand Illinois’s grounds for divorce in greater detail, and learn how Johnson O’Keefe can help guide individuals through the divorce process; contact our firm today at (312) 319-4444 to discuss any divorce-related concerns with a knowledgeable Illinois family law attorney.