What Are Grounds for Divorce in Illinois?
Deciding to file for divorce is never easy, but understanding the legal process can make it less overwhelming. In Illinois, the law takes a straightforward approach to divorce by recognizing only one legally valid reason for it: irreconcilable differences. This concept may sound simple, but what does it mean for your case? An Illinois divorce attorney can help you understand how state courts handle divorce and can help you make informed decisions about your future.
What Are "Irreconcilable Differences" Under Illinois Law?
In Illinois, irreconcilable differences are the sole grounds for divorce. This term refers to a situation where a marriage has broken down, cannot be fixed, and continuing the marriage is not in the family's best interests.
Couples can agree that their marriage is beyond repair and proceed with divorce. However, if one spouse disputes the divorce, Illinois law requires the couple to live "separate and apart" for at least six months before the court presumes irreconcilable differences.
It is important to note that "separate and apart" does not necessarily mean living in different homes. Spouses can live in the same house but have separate lives by taking actions such as sleeping in different rooms and independently managing finances.
Does Illinois Allow Fault-Based Divorces?
Illinois is a "no-fault" divorce state, which means that fault-based grounds, including adultery, abuse, or abandonment, are no longer considered when filing for divorce. Before 2016, spouses could file based on fault, but state lawmakers eliminated fault-based divorces to simplify the process and reduce conflict.
Although fault does not influence whether the court will grant a divorce, it may still play a role in some aspects of the case. For instance, if one spouse misuses marital assets, like spending money on an affair, the court may consider that when dividing property.
What Are the Residency Requirements for a Divorce in Illinois?
To file for an Illinois divorce, one spouse needs to have lived in the state for at least 90 days. If the case involves children, the children must have lived in Illinois for six months before the court can decide on custody and parenting matters.
How Do You Start the Divorce Process?
The Illinois divorce process starts by filing a Petition for Dissolution of Marriage in the circuit court of the county where you or your spouse lives. The petition must include basic information about the marriage, the grounds for divorce, and the relief being sought, whether it is property division, spousal maintenance, or child custody arrangements.
The other spouse must then be served with legal notice of the divorce. From there, the case may proceed through negotiation, mediation, or litigation.
What If You Have a Prenuptial Agreement?
A valid prenuptial agreement can influence the terms of your divorce, particularly for property division and spousal maintenance. If you and your spouse signed a prenuptial agreement, it is important to review it with an attorney to understand how it could impact your case.
Contact a Kane County, IL Divorce Lawyer
If you are considering divorce in Illinois, it is essential to work with an attorney who can help you throughout the process. A St. Charles, IL divorce attorney at Goostree Law Group can help you address your concerns, protect your interests, and guide you every step of the way. Call 630-584-4800 to schedule a free consultation today.