Making Sense of Divorce in Illinois: Key Information and Tips

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Divorce can feel overwhelming, but knowing what to expect can help. This page is all about divorce in Illinois. We’re here to give you a clear picture of the process. Plus, there are more detailed resources and links available for you to explore.

Divorce Laws in Illinois

In Illinois, you can file for a no-fault divorce. This means you don’t need to blame your spouse for the breakup. The main reason is “irreconcilable differences” leading to a breakdown of the marriage.

Unlike some states, Illinois doesn’t require a separation period before filing. However, living apart for six months is considered proof of irreconcilable differences. To file, you or your spouse must live in Illinois for at least 90 days.

Illinois is an equitable distribution state, not a community property state. So, property is divided fairly, but not always equally.

Process of Filing for Divorce

To start a divorce in Illinois, you file a Petition for Dissolution of Marriage. This goes to the circuit court in the county where you or your spouse live. The forms you’ll need include the petition and a summons for your spouse.

After filing, it’s important to serve these papers to your spouse. This can be done by a sheriff or a professional server. If you both agree on divorce terms, you can file jointly.

Child Custody and Support

In Illinois, courts think about the child’s best interest when deciding custody. They look at things like the parents’ relationship with the child and each parent’s ability to care for the child. Illinois often prefers joint custody arrangements.

Child support calculations in Illinois follow specific guidelines. They’re based on parents’ incomes and the number of kids. The state has a calculator to help estimate payments.

Alimony/Spousal Support

Alimony, or spousal support, in Illinois depends on each case. The court looks at things like the length of the marriage, each spouse’s need, and their ability to pay. Alimony can be temporary or long-term, based on the court’s decision.

Property Division

In Illinois, property division in a divorce is based on fairness, not a strict 50/50 split. The court divides property considering factors like each spouse’s financial situation and contributions to the marriage.

Illinois Divorce Resources

Want to learn more? We’ve got you covered with helpful resources and links. Check out Illinois family law courts, official government resources, and legal aid groups. They’re great for diving into the specifics of divorce in Illinois.

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