Filing for divorce in Illinois starts with the Petition for Dissolution of Marriage. There are two types of divorce in Illinois, no-fault and fault.

If filing for a no-fault divorce, a two year separation is required, though this can be waived if the separation is at least 6 months long and the spouses stipulate to it in court.

In a claim of fault, the filing spouse must show, according to Illinois Statute 750, Chapter 5, the other spouse is one of the following:

• Naturally impotent;
• Committing bigamy;
• The respondent committed adultery subsequent to the marriage;
• The respondent has willfully deserted or absented himself or herself from the petitioner for one year;
• The respondent has been guilty of habitual drunkenness for 2 years;
• The respondent has been guilty of gross and confirmed habits caused by the excessive use of addictive drugs for 2 years;
• The respondent has been guilty of extreme and repeated physical or mental cruelty;
• The respondent has been convicted of a felony or other infamous crime;
• The respondent has infected the other with a sexually transmitted disease.

Marital Property – Divorce in Illinois

Assets and debts acquired during the marriage in Illinois will be divided by the court equitably. Marital property does not include assets held by either spouse before marriage or income from non-marital property.

Illinois courts will divide the marital property without regard to marital misconduct. It will however, consider the following

• The length of the marriage;
• 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;
• The dissipation by each party of the marital or non-marital property;
• The value of the property assigned to each spouse;
• 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;
• Any obligations and rights arising from prior marriages;
• Any prenuptial agreement;
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;
• The custodial provisions for any children;
• Whether the apportionment is in lieu of or in addition to maintenance;
• The reasonable opportunity of each spouse for future acquisition of capital assets and income; and
• The tax consequences of the property division.

Spousal support is considered by the court on a case-by-case basis according to Illinois Statute 750, Chapter 5, Section 504. The court will consider the following before awarding spousal support:

• The financial needs of each party;
• The income and property of both parties;
• Marriage length;
• The standard of living established during the marriage;
• The duration of the marriage;
• The age and the physical and emotional condition of both parties;
• The tax consequences of the property division upon the respective economic circumstances of the parties;
• Contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
• Any valid agreement of the parties; and
• Any other factor that the court expressly finds.

Minor children

If minor children are involved in the dissolution of marriage and the parents are not able to come to an agreement regarding custody, the court will establish the custody order at its discretion. Without considering marital conduct, the court will consider:

• The wishes of the child’s parent or parents as to his custody;
• The wishes of the child as to his custodian;
• The interaction and interrelationship of the child with his parent or parents and siblings;
• The child’s adjustment to his home, school and community;
• The mental and physical health of all individuals involved;
• The physical violence or threat of physical violence by the child’s potential custodian;
• The occurrence of ongoing or repeated abuse; and
• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child

Child support in Illinois is based on a percentage of the net income of the non-custodial parent and how many children the parent supports. If the parties cannot agree to support, the court will consider the following factors:

• The financial resources and needs of the child;
• The financial resources and needs of the custodial parent;
• The standard of living the child would have enjoyed had the marriage not been dissolved;
• The physical and emotional condition of the child, and his educational needs; and
• The financial resources and needs of the non-custodial parent.

Support orders can be modified if there is a change in circumstances, such as an increase or decrease in either parent’s income, the child spending more time with either parent or the child being several years older or having special financial needs such as medical expenses or education.

 

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