Illinois Divorce Law

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Illinois Divorce Guidelines

Illinois's Residency Requirements

The petitioner must have been an Illinois resident for 90 days before filing the divorce papers.

 

Illinois's Grounds for Divorce

Illinois residents may file for divorce under fault or no-fault grounds.

Illinois's no-fault grounds include:

  • irreconcilable differences caused by irretrievable breakdown of the marriage without reconciliation while living separate and apart without cohabitation for 2 years or more

Illinois's no-fault grounds include:

  • adultery
  • conviction of a felony
  • infection of spouse with a communicable disease
  • willful desertion for 1 year or more
 

Illinois's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, an Illinois court will make a ruling.

Illinois courts consider factors such as:

  • wishes of the child
  • any history of abuse by either parent
  • the child's adjustment to the community, school, and home
 

Illinois's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Illinois courts consider factors such as:

  • the standard of living experienced by the child during the marriage
  • each parent's financial resources
  • the physical and emotional needs of the child
 

Illinois's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Illinois courts will consider factors such as:

  • duration of the marriage
  • whether a spouse contributed to the other's career or education
  • standard of living experienced during the marriage
  • each spouse's ability to support themselves
 

Illinois's Property Division Guidelines

Illinois has adopted community property guidelines, meaning all property acquired during the marriage will be divided into two equal parts. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Illinois courts will consider factors such as:

  • whether a spouse contributed to the property, including acquisition and upkeep
  • duration of the marriage
  • custodial arrangements
  • each spouse's financial situation
 

Illinois's Venue Guidelines

A petitioner may file the divorce forms in their county of residence, or in the respondent's county of residence.

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  • My Divorce Steps

  • 1. Create an account:

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  • 2. Answer the Questions:

    Answer each of the questions we will ask you and the forms will be completed for you.

  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

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Feb 17, 2015
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Jul 14, 2015
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We offer more than a divorce preparation service:

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Dedicated Case Manager:  Upon registration, you will have direct access via email and phone to your dedicated account manager who will help you through each and every step of the online process.

Free Name Change for Wives:  Our service offers the ability to change your name at no extra cost.

Free Last Will & Testament: As part of an effort to help you start over, you will receive everything you need to create a new Last Will & Testament.

Free Living Trust: Now that you are starting your life over, we think it is important to create a family trust to protect your assets.  We offer all you need to create a trust for your family.

FREE Help on "Life After Divorce:"  We have a library of guides and ebooks on starting your life over.  Everything from help to avoid unhealthy relationship to how to talk to you kids about divorce.

Unlimited Customer Support: Rest assured that there is always someone to talk to Monday-Friday between 7am and 4pm PST by calling 1-800-858-9891.

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