Illinois Divorce Law

Illinois Divorce Law

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No Fault Divorce
Illinois permits no-fault divorce if there has been an irretrievable breakdown in the marriage and living apart for 2 years. Mutual consent divorces are permitted if the parties have been living apart for 6 months. It also permits fault divorces. It is a separate property state. You must have lived in Illinois for 90 days to obtain a divorce.

The Divorce process in Illinois is guided by a statute entitled "The Illinois Marriage and Dissolution of Marriage Act" 750 ILCS 5/401 et. seq. All issues affecting families in divorce are provided for in this statute including issues affecting children, distribution of property and issues of support and maintenance.

A divorce case is commenced by the filing of a document entitled "Petition for Dissolution of Marriage." Once filed, the other spouse will either need to be served with the Petition by the Sheriff or private process server, or alternatively the spouse can file papers individually or through an attorney submitting himself to the jurisdiction of the Court.

Property Division
Illinois is an "equitable distribution" state. Each spouse retains the non-marital (separate) property that he or she owned prior to the marriage and any property acquired by gift or inheritance during the marriage. The court will divide the marital property according to several statutory factors (none of which is adultery.)

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