Illinois Divorce Laws and Resources

IF you live in Illinois, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

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DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link


FAMILY LAW RESOURCES

Illinois Child Support Guidelines
Illinois Child Support Calculator
Illinois Child Support Enforcement


DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.


DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your Illinois divorce form preparation today.


COUNSELING



PRIVATE INVESTIGATORS

Advanced Surveillance Group, Inc.
Professional Private Investigators who specialize in infidelity cases and spousal surveillance operating nationwide. Get the truth, end the doubt and anxiety and have the information you need to move forward with your life. Please visit our site which contains a great deal of information to help you evaluate this difficult decision. Fast, affordable and discreet...www.cheatingspousepi.com


BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.


DOMESTIC VIOLENCE RESOURCES

Illinois Domestic Violence Resources
Illinois Shelters and Hotlines
Illinois Coalition Against Domestic Violence


SUPPORT

Support Groups


ILLINOIS DIVORCE LAW RESOURCES

Illinois Divorce Statutes
Illinois Legal Aspects of Divorce


RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a dissolution of marriage in the state of Illinois, one of the spouses needs to be a resident of this State or stationed in this State while a member of the armed services, for 90 days preceding the commencement of the action or the making of the finding. The proceedings shall be had in circuit court of the county where the plaintiff or defendant resides. [Based on Illinois Compiled Statutes 750 - Chapter 5 - Sections: 104 and 401]


LEGAL GROUNDS FOR DIVORCE: No Fault: 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 the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests 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 the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living 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.

Fault Grounds: A dissolution of marriage may also be granted on the following grounds:

1. Natural impotence;
2. Bigamy;
3. Adultery;
4. Desertion for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation;
5. Habitual drunkenness or drug addiction for the space of 2 years;
6. Attempting to take the life of the other by poison or other means showing malice, or extreme and repeated physical or mental cruelty;
7. Conviction of a felony or other infamous crime; or
8. The respondent has infected the other with a sexually transmitted disease. [Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 401]


LEGAL SEPARATION: Any person living separate and apart from his or her spouse without fault may petition for reasonable support and maintenance while they so live apart. Such action shall be brought in the circuit court of the county in which the respondent resides or in which the parties last resided together as husband and wife. Proceedings are the same as for a dissolution of marriage. A proceeding or judgment for legal separation shall not bar either party from instituting an action for dissolution of marriage, and if the party so moving has met the requirements of Section 401, a judgment for dissolution shall be granted. [Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 402]


MEDIATION OR COUNSELING REQUIREMENTS: If the court concludes that there is a prospect of reconciliation, the court, at the request of either party, or on its own motion, may order a conciliation conference.

In an action for dissolution of marriage involving minor children, or in a post-judgment proceeding involving minor children, the court may on its own motion order the parents to attend an educational program concerning the effects of dissolution of marriage on the children, if the court finds that it would be in the best interests of the minor children. [Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 404 and 401.1]


PROPERTY DISTRIBUTION: Illinois is an equitable distribution state, meaning that marital property shall be divided equitably, not necessarily equally. For purposes of distribution of property, all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property. Marital property shall be divided, without regard to marital misconduct, considering all relevant factors, including:

1. The contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit;
2. The dissipation by each party of the marital or non-marital property;
3. The value of the property assigned to each spouse;
4. The duration of the marriage;
5. The relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;
6. Any obligations and rights arising from a prior marriage of either party;
7. Any antenuptial agreement of the parties;
8. The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;
9. The custodial provisions for any children;
10. Whether the apportionment is in lieu of or in addition to maintenance;
11. The reasonable opportunity of each spouse for future acquisition of capital assets and income; and
12. The tax consequences of the property division upon the respective economic circumstances of the parties

"Non-marital property" is considered:

1. Property acquired by gift, legacy or descent;
2. Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent;
3. Property acquired by a spouse after a judgment of legal separation;
4. Property excluded by valid agreement of the parties;
5. Any judgment or property obtained by judgment awarded to a spouse from the other spouse;
6. Property acquired before the marriage;
7. The increase in value of property acquired by a method listed in paragraphs (1) through (6) of this subsection, irrespective of whether the increase results from a contribution of marital property, non-marital property, the personal effort of a spouse, or otherwise, subject to the right of reimbursement; and
8. Income from property acquired by a method listed in paragraphs (1) through (7) of this subsection if the income is not attributable to the personal effort of a spouse. [Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 503]


ALIMONY/SPOUSAL SUPPORT: The court may grant a temporary or permanent maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including:

1. The income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance;
2. The needs of each party;
3. The present and future earning capacity of each party;
4. Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
5. The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;
6. The standard of living established during the marriage;
7. The duration of the marriage;
8. The age and the physical and emotional condition of both parties;
9. The tax consequences of the property division upon the respective economic circumstances of the parties;
10. Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
11. Any valid agreement of the parties; and
12. Any other factor that the court expressly finds to be just and equitable.

[Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 504]


SPOUSE'S NAME: Upon request by a wife whose marriage is dissolved or declared invalid, the court shall order her maiden name or a former name restored. [Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 413]


CHILD CUSTODY: The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:

1. The wishes of the child's parent or parents as to his custody;
2. The wishes of the child as to his custodian;
3. The interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;
4. The child's adjustment to his home, school and community;
5. The mental and physical health of all individuals involved;
6. The physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person;
7. The occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person; and
8. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
9. Whether one of the parents is a sex offender.

The court may enter an order of joint custody if it determines that such an arrangement would be in the best interests of the child, taking into account the following:

1. The ability of the parents to cooperate effectively and consistently in matters that directly affect the joint parenting of the child. "Ability of the parents to cooperate" means the parents' capacity to substantially comply with a Joint Parenting Order. The court shall not consider the inability of the parents to cooperate effectively and consistently in matters that do not directly affect the joint parenting of the child;
2. The residential circumstances of each parent; and
3. All other factors which may be relevant to the best interest of the child. Nothing within this section shall imply or presume that joint custody shall necessarily mean equal parenting time.

The physical residence of the child in joint custodial situations shall be determined by:

1. Express agreement of the parties; or
2. Order of the court under the standards of this Section. [Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 602]


CHILD SUPPORT: Illinois uses the income percentage model to calculate child support using the following guidelines:

Number of Children/Percent of Supporting Party's Net Income

1/20%
2/28%
3/32%
4/40%
5/45%
6 or more/50%

The term "child" shall include any child under age 18 and any child under age 19 who is still attending high school. After the age of 19, child support terminates in unless there is an agreement to extend the support. The above guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:

1. The financial resources and needs of the child;
2. The financial resources and needs of the custodial parent;
3. The standard of living the child would have enjoyed had the marriage not been dissolved;
4. The physical and emotional condition of the child, and his educational needs; and
5. The financial resources and needs of the non-custodial parent. [Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 505]



You can find more divorce information in the following articles:

Save On The Cost Of Divorce
Do You Need A Lawyer
Finding Divorce Attorneys
Collaborative Family Law
Divorce Considerations
Divorce Mediation
Do It Yourself Divorce
More Divorce Articles

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