Divorce

Illinois Divorce.

You must live in Illinois, be a resident to file for divorce or be stationed in the armed forces in Illinois.  There is not a time limit to how long you must live in Illinois before filing for divorce, how most states have guidelines to how long you must live in the state before filing.  A divorce in Illinois is referred to as dissolution. When getting a divorce in Illinois you can state that there are irreconcilable differences in the marriage and that they are beyond repair of fixing.  Now in Illinois if you have been separated for around two years, and both of the spouses are in agreement over the divorce, meaning both want it and that there is no argument at all then there is what is called a stipulation, this says that the marriage can be ended after six months of separation; meaning you have been divorced most the time you were separated.  If you have not been separated for at least 2 years and the spouses are not in agreement over the divorce, then one of the spouses must prove one of these grounds for divorce.  Here is the list.
  1. That there is impotence of your spouse, this can allow for a divorce to be granted.
  2. There was cheating or your spouse had another spouse at the time of your marriage, referred to as adultery, a divorce can be granted.
  3. A spouse has tried to kill another spouse, through poisoning or other sadistic ways, a divorce can be granted.
  4. A spouse has been convicted of a felony, a divorce ca be granted.
  5. A spouse infecting another one with a disease during the marriage, a divorce can be granted.
  6. A spouse has a major alcohol or drug abuse, a divorce can be granted.
 Remember if something is not true, never put blame on somebody that isn’t.  In Illinois adultery and some other factors have nothing to do with who will get what in the divorce, now some do, but those will be decided in divorce court. The divorce process in Illinois starts when one spouse files for divorce, there are 2 different names for this and they are either a Petition for Dissolution of Marriage or Praecipe for Summons.  Divorce is filed with the Circuit Court in Illinois and then the other spouse is then served with divorce papers.  The other spouse is given a reasonable amount of time to respond to the divorce papers.  If both of the spouses are in agreement with the divorce, debt division, property division, child custody, and child support, then the divorce can be finalized without ever going to trial.  If there is any disagreement with any of these matters, then a trial date will be set. If a trial date has been set for the divorce, you can request temporary assistance for who pays what debt and child custody and support matters.  Remember these will most likely change in the divorce trial. 

 

Posted: Feb 28 2008, 06:43 AM by Divorce | with no comments |
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