How Does Illinois Divorce Law Work?

There’s no getting around it: Divorce is a difficult, often messy process. It can have serious financial, familial, and social impacts, and shouldn’t be taken lightly. However, divorce might be the only option for spouses in many cases. Because divorce law tends to vary from state to state, Illinois residents can’t assume that it’s as simple as filing some paperwork and turning it over to a local clerk or courthouse. Here are some of the ins and outs you need to know how Illinois divorce laws work.

Requirements for divorce

Did you know that divorce laws in Illinois come with their own set of rules and stipulations? While these may seem like unnecessary hurdles to clear, they serve some practical applications, at least on the judicial side of things, and can make the entire process go a bit more smoothly. The primary eligibility qualification is that the filing individual must have been an Illinois resident for at least 90 days before the file date. Once this condition has been met, the plaintiff can then file for divorce in a circuit court. This can be in the county in which either the plaintiff or their spouse resides.

There are also some requirements when it comes to grounds for divorce. Grounds in this case simply answers the “why?” of the divorce proceedings. In Illinois, these are primarily fault-based. This boils down to a spouse needing a specific, identifiable reason to end the union. This takes many forms, including abuse, infidelity, addiction, and abandonment. However, there is one case for a “no-fault” divorce in Illinois. This happens when the spouses have been living separately for at least two years and reconciliation attempts have failed. The couple can, however, bypass the two-year requirement through a written stipulation, given that they’ve been separated for at least six months before.

The divorce process

Though Illinois has slightly stricter divorce eligibility than some other states (say, for example, Colorado’s concession for no-fault divorces), the actual divorce process can be pretty streamlined, given both parties are willing to cooperate throughout. Once the requirements for divorce have been met and the plaintiff has filed, they’re then able to deliver their Petition for Dissolution of Marriage to the other spouse. Once that has been done, the defendant has 30 days in which they can make a response, which typically goes one of two ways: Either they accept the petition and the divorce proceedings go on or they contest them and legal matters get a little more complicated.

Speaking of complicated, the matter of assets must be settled. Even if you and your spouse have already decided who gets what, until it’s legally documented and agreed upon, it isn’t set in stone. A color-coded sticky note placed upon your favorite table won’t mean much in a court of law, especially if the defendant suddenly decides that it should fall under their assets. In Illinois, assets fall into two categories: marital and separate. Marital, of course, means the assets were acquired during the marriage. Separate means they were acquired before the union began. Once the court has defined which assets belong to which category, they’ll be split up.

Illinois divorce laws are complex, to say the least. They can be tricky to navigate even in the most amicable of situations and when conflict is involved, the process can seem downright impossible. If you’re preparing for a divorce and aren’t sure how to proceed, it’s best to consider legal counsel to aid you throughout. It can be a rocky road, but it doesn’t need to be a treacherous one.