Illinois Lawyer Referrals and Legal Guidance
The Basics of Divorce in Illinois
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In order to file for divorce in Illinois, one must live in the jurisdiction for ninety days prior to filing for divorce. In other words, if you were married in Illinois, but live in Indiana, you would have to establish a residency in Illinois for at least 90 days to file for a divorce in Illinois unless your spouse is a resident of Illinois.
There are many grounds for getting a divorce in Illinois. The most common is "no-fault" divorce, which is also referred to as "irreconcilable differences". Other reasons for a divorce in Illinois include: impotency, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for two years, an attempt to take the life of the other, physical or mental cruelty, conviction of a felony or other infamous crime, infecting the other with a sexually transmitted disease. The most common practice is to do a "no-fault" divorce by proving to the court:
- At least one of the spouses has lived in Illinois for at least 90 days.
- The spouses have lived separate and apart for at least six months to two years depending on whether or not children are involved.
- "Irreconcilable differences" have caused the "irretrievable breakdown" of the marriage.
- Efforts at reconciliation have failed and future attempts at reconciliation would be impracticable and not in the best interest of the family.
In Illinois the separation period begins as soon as the parties stop living together or if they are living together under the same roof, but not as man and wife. On the other hand, the parties may sign a written stipulation waiving the separation waiting period.
If you have any questions about Illinois divorce and family law or would like a referral to an experienced Illinois divorce lawyer please do not hesitate to contact us. All inquiries are free and confidential.
Findgreatlawyers.com is a free service, run by Illinois lawyers, to help people with any Illinois legal matter including finding Wheaton divorce lawyers, Kane County divorce attorneys or divorce law firms anywhere else in Illinois.