Dissolution of Marriage in Illinois
Technically speaking, there is no such thing as "divorce" in Illinois anymore. All legal statutes have been revised to address the end of a marriage as a "dissolution." Notwithstanding that, the issues are the same--as potentially confusing and sometimes as heartbreaking as ever.
Other People Are Reading
-
Jurisdiction
-
Jurisdiction means that a state has the right to rule on your dissolution or divorce. In Illinois, you can establish jurisdiction if you or your spouse has maintained a residence here for 90 days or more. But there's a wrinkle here. You can file for dissolution on the very day you move to the state. However, the dissolution will not be granted until you have resided here for the entire 90 days.
Grounds
-
In every state, you must provide the court with a reason for your divorce, and those reasons fall into two categories--"fault" or "no fault." In Illinois, acceptable fault reasons for dissolution are somewhat more wide-ranging than in other states and include impotency, bigamy, adultery, desertion, drunkenness, drug abuse, STD's and cruelty. In contrast, the no-fault grounds are more stringent. You must live separate and apart from your spouse for two years, although if both of you are in agreement that the marriage should be dissolved, the court may waive this requirement.
-
Property Distribution
-
Illinois subscribes to the "equitable distribution" doctrine when deciding on disposition of property owned by divorcing parties. This means that Illinois will not divide the whole kitty down the middle, half to each spouse, unless the court considers that such a division is "fair." Certain assets are considered exempt from distribution, such as inheritances, personal injury awards, property acquired before the date of the marriage (called "premarital") and property acquired after parties legally separate.
Mediation Requirements
-
Under the Illinois Compiled Statutes, Chapter 5, Section 404, a judge has the right here to order mediation or counseling at the request of either of the parties or at its own discretion.
Child Custody
-
All states give lip service to ruling on custody issues in the best interests of the children. Differences arise when the definition of "best interests" is examined. Unlike some states, Illinois will consider the wishes of the child as well as any history of domestic violence on the part of either parent.
Child Support
-
Illinois uses the Percentage of Income formula when determining child support. The percentage taken out of a non-custodial parent's paycheck toward support increases with each additional child involved from 20 percent with one child up to 50 percent for six children or more.
Simplified Divorce
-
Illinois also offers simplified dissolutions under some circumstances. To qualify, you must not have any children, not have purchased a home together and have agreed on all other issues between you. Then you can apply to the court jointly, and receive a quick and uncomplicated dissolution.
-
References
Resources
- Photo Credit state seal of illinois image by Jan Ebling from Fotolia.com
