Period for divorce in illinois

Generally speaking, Illinois divorce laws define marital property as property acquired or earned during the marriage. Separate property covers what each spouse acquired or earned individually before the marriage. This includes gifts or inheritance money passed down from one person to an individual spouse. However, separate property can turn into marital property. For example, when one spouse deposits inheritance money into a joint bank account under the names of both spouses, that money becomes marital property.

Does Illinois have a residency requirement?

But after the court distinguishes between marital and personal property, the judge moves forward with breaking up marital property. Under Illinois divorce laws, a judge will divide marital assets and physical property based on equitable distribution. This means the court will split property fairly. Instead, the judge will weigh certain factors. We have listed some examples below:. Unlike with some states, however, misconduct in the marriage will not be among these factors. Just as with financial assets, a judge in Illinois divides physical marital property as fairly as he or she sees best fit under Illinois divorce laws.

The judge will consider many factors. Below are some examples:. As you can see, the economic condition of either party can play a major role. This means the court may divide a larger portion of marital assets, including bank accounts and mutual funds to the lower-earning spouse. Illinois law defines a child as anyone under the age of 18 or anyone under the age of 19 who is still attending high school.

How Long Does Divorce Take in Illinois

Under Illinois divorce laws, a custodial parent may receive child support from the other parent. Illinois supports a Flat Percentage of Income Model when determining payment amounts. The statute defines the percentage taken out of net income as defined above. We provide the rates below:. The court will enforce these rules unless it finds they would be inappropriate after accounting for the best interest of the child. The court determines the amount of alimony as well as the duration based on numerous factors.

Fault and marital misconduct are not among them. However, we listed some of the points the court may consider below. In addition, a spouse can request temporary alimony as the divorce remains pending.


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Both spouses can agree on an amount, or the court can make that decision. This alimony typically ends once the judge issues a final judgement on the divorce. Nonetheless, the court expects the alimony recipient to make reasonable efforts to become self-supporting. In certain cases, however, a judge can make alimony payments permanent if the recipient can prove he or she has a permanent inability to become self-supporting.

While Illinois requires grounds for dissolving the marriage, the alleged marital fault or misconduct of either party is not considered in the division of property or in awards of maintenance. This will depend on the facts of your case. The court can order temporary or permanent maintenance to either spouse, without regard to marital misconduct. The court will consider a number of factors in determining maintenance, such as:. Under Illinois law, the wife can return to her maiden name as part of the final judgment, and the husband may not prevent her from doing so.

Yes, in certain circumstances. An annulment is different from a divorce because a divorce is an order ending a valid marriage.

40 Things To Know About Illinois Divorce Law | Illinois Attorney Referrals and Legal Guidance

There is no pre-filing waiting period in Illinois. A petition for dissolution can be filed as long as one of the spouses resides in Illinois on the date of filing.


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  8. However, you or your spouse must have lived in Illinois for at least 90 days before the judgment of dissolution is entered. Therefore, you may live in Illinois less than 90 days before filing, but must meet the day residency requirement by the time the judgment is entered. However, if neither party lived in Illinois for 90 days prior to the filing, the petition may be subject to dismissal if another state already had jurisdiction or if Illinois does not have jurisdiction over both parties.

    There is no way to know exactly how long it will take you to get a divorce. It depends on a number of factors, such as whether your case is contested, how busy the court docket is and whether you and your spouse can agree to settle any issues without a court hearing. Even if the terms of the divorce are agreed upon in advance, the agreement must be presented to the judge.

    Depending upon the issues resolved in the settlement, the judge may have questions or require information, such that usually one party, and sometimes both parties, appear in court for a minute presentation to the Judge. If the case is not settled, then there may be several court appearances at which the parties must be present to resolve either the interim issues or to testify at the final hearing.

    If you cannot locate your spouse to serve him or her with the divorce papers, then you can serve by publication. Publishing a notice in the local newspaper where the case is pending is a last effort and requires court approval. If you serve by publication and your spouse does not participate in the case, the court cannot make a final ruling on maintenance, child support, visitation, or division of property until the spouse is personally served or appears before the court. Therefore, it is worth the effort to find the absent spouse through a private investigator or other locator services to obtain personal service.

    In Illinois, there is no waiting period for remarriage after the entry of a court order dissolving the bonds of matrimony and stating that the parties are legally free to remarry. Dating during the pendency of the divorce creates potential strategic issues. If custody is an issue, you can expect the people you date to be brought into the case as to the effect they, or your social schedule, have on the children.

    Additionally, if you expend funds on social relationships, this may be found to be a waste of marital funds and you may be required to pay back the amount spent. Your spouse cannot stop you from getting divorced, although they may prolong the process by requiring you to prove grounds for divorce under Illinois law, instead of agreeing that grounds exist. It is the judge, not your spouse, who decides to grant you a divorce, based on the evidence.

    Even if your spouse ignores the divorce case completely you can still obtain a dissolution of the marriage.

    Uncontested Divorce

    Typically, the court will decide all issues in a case in a single final judgment. Such an order is not the same as the court finding that grounds for divorce exist, which may be resolved first, with the remaining issues heard by the court at a later date. Once a divorce petition is filed, court approval is required to remove the children from Illinois. If neither party continues to live in Illinois, the petition may be subject to dismissal or transfer if another state already has jurisdiction or if Illinois does not have jurisdiction over both parties.

    You may file for divorce in Illinois if you or your spouse resides in Illinois or you or your spouse is stationed in Illinois.

    No More Grounds for Divorce in Illinois. What this Means for Divorcing Couples

    You will need to file a Petition for Dissolution of Marriage and a summons to serve your spouse. The petition is your formal written request to the court for a divorce. If there are immediate issues that require court intervention, a Motion for Temporary Relief may also be required. The divorce complaint must be filed in the county where you or your spouse lives. The sheriff or a private process server will typically serve the divorce petition on your spouse.

    An ex-spouse is not responsible for the other ex-spouse's post-divorce debts. Parents must attend a court-authorized in-class parenting education program before the judge decides parental responsibilities. This class teaches parents ways they can avoid hurting their children during the divorce. Both parents must take this class within 60 days after the first meeting with the judge.

    The class is available in-person and online. The Center for Divorce Education has a list of available options. Thank you for your feedback. We are sorry to hear about your difficulties representing yourself. We understand it is not easy and this is why we try to provide as much helpful information as possible. As for additional forms, can you tell us which ones you were told you needed?