divorce in illinois

File for an Illinois Divorce with our DIY Divorce Program

According to the law in the state of Illinois, anyone who wishes to file for a divorce is permitted to fill out and file all of the required paperwork for divorce.

You do not have to currently be located in Illinois to begin the process. However, there are certain conditions that must, some of which concern the residential status of the two parties. Below are the basics of Illinois divorce law.

Illinois Divorce Law Overview

In order that a divorce can be legally granted, one of the two parties, or spouses, is required to have resided legally in the state of Illinois for no fewer than the 90 days immediately preceding the filing of claims, the legal action or the event of making the findings.

Among the most commonly used grounds for divorce in the state of Illinois is the claim that there are “irreconcilable differences” between the parties. This will typically be treated as a “no fault” finding, which that means neither the wife nor the husband is considered to have been responsible for the dissolution of the marriage. The parties will be required to prove that there is an irresolvable breakdown in their marriage. The court will then make the necessary steps to determine whether or not any attempts at reconciliation have been made, and have subsequently failed- and that further attempts to be made in the future are unlikely to be successful. Furthermore, should it be the case that any future attempts at reconciliation are considered to be impractical, or not in the family’s best interests- particularly the interests of any children who may share between the spouses- the marriage is likely to be deemed irreconcilable. In cases where the two spouses are already living in separate accommodations for a continuous and prolonged period of time no less than 6 months in length immediately preceding the submission of the judgment to dissolve the marriage, this will serve as an unassailable presumption that the requirements for irreconcilable differences have been met.

A judgment will not be entered, to the extent that the court has the jurisdiction to do so, unless the court has already considered and approved, made provisions for, or reserved for the apportionment of parental responsibilities, the duty owed to any children of the marriage who are entitled to due support, the disposition of mutual and personal property, and/or the maintenance of one or the other spouse. The judge will enter a judgment for the dissolution which will reserve any of these marital issues upon either the mutual agreement of the spouses or a motion from either party as well as a finding by the court that circumstances befitting are extant. (Illinois Marriage & Dissolution of Marriage Act – ILCS 750, Part IV).

To find out more about our DIY Divorce Program, visit Illinois Do It Yourself Divorce today.

Do it yourself divorce in Illinois