OVER THE YEARS, OUR COMMITMENT TO EXCELLENCE AND PASSION HAS BEEN WELL RECOGNIZED.
We offer you more than just
Legal Services in all Areas of Family Law
Illinois Grounds for Divorce
The grounds for dissolution of marriage have changed in Illinois and all of the fault grounds have been eliminated as of January 1, 2016. Now under the new statute, the court will enter a judgment for dissolution of marriage if the court finds that irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.
A judgment shall not be entered unless the court has considered, approved, reserved, or made provision for the allocation of parental responsibilities, the support of any child of the marriage entitled to support, the maintenance of either spouse and the disposition of property. The court shall enter a judgment for dissolution that reserves any of these issues either upon agreement of the parties, or motion of either party and a finding by the court that appropriate circumstances exist.
Illinois Divorce Residency Requirements
In order to file your Petition for Dissolution of Marriage in Illinois, you must make sure the Circuit Court has jurisdiction over your case. A spouse filing for a divorce must meet the residency requirements. Meeting the Illinois residency requirements is usually only a concern for a spouse who has recently moved to Illinois or is planning to move in the near future.
The filing requirements are as follows: The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of Illinois or was stationed in this state while a member of the armed services, and the residence or military presence has been maintained for 90 days prior to the filing or 90 days prior to the entry of the judgment for dissolution of marriage. The proceedings shall take place in the county where the plaintiff or the defendant resides.
Illinois Simplified Divorce Procedures
Illinois has an approved “Joint and Simplified Divorce” procedure found in 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 452.
To use this simplified procedure:
- (1) the spouses must not have been married over 8 years;
- (2) the spouses must neither have had nor adopted any children;
- (3) the wife cannot now be pregnant by the husband;
- (4) neither spouse can own any real estate;
- (5) both spouses must certify that neither is dependent on the other for support (or must the right to support);
- (6) the market value of all marital property must be less than $50,000.00; and
- (7) the combined gross annual income of both spouses must be less than $60,000 and neither party has a gross annual income in excess of $30,000.