ILLINOIS DIVORCE LAWS:
The Residency Requirement: The party filing the divorce must have lived in Illinois for 90 days prior to the filing of the complaint for divorce.
No-Fault: Living separate and apart for a continuous period of at least two years; irreconcilable differences that have caused the irretrievable breakdown of the marriage.
Fault: Impotence; One of you was previously married and never divorced; Adultery; The respondent has willfully deserted or absented himself or herself from the petitioner for one year, including any period of legal separation; Habitual drunkenness for at least two years; Drug addiction for at least two years; Repeated and extreme physical or mental cruelty; Felony conviction or imprisonment; Infection with a sexually transmitted disease.
Property Division: Illinois is an equitable-distribution, dual-classification state. That means property is classified as either separate or marital; separate property must go to the property owner, while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally. Division is based on 12 factors (click the following for an expert's overview and key tips on dividing up property through divorce).
Alimony: The court can award rehabilitative (that is, get-back-on-your-feet alimony), periodic, or permanent maintenance, without regard to marital misconduct. Twelve factors are considered by the court, the most important of which are the income and property of each party, and the needs of each party.
Child Custody and Child Support: As in every state, the most important factor is “the best interests of the child.” There is no presumption for or against joint custody (click the following for an overview and list of articles on child custody and child support).
Illinois child-support guidelines determine that a noncustodial parent pays a flat percentage of his or her net income depending on the number of children:
- One child, 20 percent
- Two children, 28 percent
- Three children, 32 percent
- Four children, 40 percent
- Five children, 45 percent
- 6 or more children, 50 percent.
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.