Illinois Divorce Laws
There are many grounds for divorce in Illinois. For a no fault divorce, the marriage must be irretrievably broken and the parties must have lived apart for a certain amount of time. The grounds for a fault divorce are numerous and can include: impotence at the time of marriage; either party was already married to another person at the time of the marriage; adultery; a lengthy desertion by one of the spouses; frequent intoxication with drugs or alcohol; the felony conviction of either party; or if one partner has contracted a sexually transmitted disease.
If the court or either party deems that the marriage has a chance for reconciliation, the court may order counseling or mediation. For divorces involving children, the court may order the parents to attend educational programs for information about how divorce affects children. Either spouse may request that their name be returned to their former name after the divorce.
Illinois does have a simplified divorce process with strict guidelines, including: a short duration of the marriage; the state residency requirements have been met; no children resulted from the marriage and the wife is not pregnant at the time of the divorce; reconciliation has failed or would be futile; neither party seeks alimony; and the spouses’ incomes and fair market value of all marital property meets the low income standards of Illinois.
Illinois Divorce Laws & Property
Illinois will distribute property equitably but not necessarily equally. For the distribution of property, the court will not consider who was at fault for the divorce. Other considerations include:
the duration of the marriage
the contribution of both parties to the acquisition of property, including homemaking or child care, and how each contributed to the increase or decrease in value of the property
the financial conditions of each party
whether the marital home should be awarded to the custodial parent
whether either party has responsibilities stemming from a former marriage
the age and health of both parties
sources of income for both parties, including wages or investments
the opportunity for either spouse to acquire assets after the divorce
and the tax consequences of the property awards.
Separate property may remain with the original owner. Non-marital property can include: property received as an inheritance or legacy; property excluded by a valid agreement such as a prenuptial agreement; and property acquired before the marriage.
Illinois Divorce Laws & Alimony
Spousal support may be rewarded on a temporary or permanent basis without regard to marital misconduct. For alimony, considerations include:
the duration of the marriage and the standard of living established
the financial needs of both parties
the property of both parties
the income and future income potentials of both parties
whether one spouse sacrificed their own career or earning potential for the sake of the other spouse or the family
the contributions by the supported party to the career o the supporting party
the time it will take for the supported spouse to seek employment or vocational training
whether it is appropriate for the supported spouse to work if they are the custodial parent
any valid agreements between the two parties
and the age and health of both parties.
Illinois Divorce Laws & Child Custody
The court will award custody based upon the best interest of the child. Relevant factors include: the wishes of the child; the wishes of the parents as to whether they want custody; the relationship of the child with both parents and other family members, including siblings; the physical and mental health of all parties involved; any history of abuse or a record as a sex offender; the child’s relationship to their home, school, and community; and the ability of both parents to encourage the child’s relationship with the other parent.
For joint custody, a Joint Parenting Order will be developed. The parents will agree to cooperate on all matters related to the child. In the state of Illinois, grandparents may be granted visitation rights if it is in the best interest of the child.
Child Support
Illinois divorce laws uses the income percentage model to calculate the financial responsibility of both parents to the child. The supporting parent’s financial duties will usually increase proportionally to the number of children. The court will also consider other factors when awarding child support, including: the financial resources of the child and the parents; the needs of the child, including any special health or educational needs; the emotional and physical health of the child; the standard of living that the child established during the marriage and if the marriage would have continued; and the ability of the supporting parent to also reasonably support him or herself while paying child support.
