Illinois Divorce Facts

Divorce procedures and requirements vary by state. Divorce laws in Illinois require both parties to establish grounds for separation.

    Procedure for Filling

        To begin divorce proceedings, one of the parties must file a petition for dissolution of marriage in an Illinois courthouse or through an attorney. The other party has the option to counter-petition if he disagrees with the divorce grounds.
    No-Fault Divorce

        The most common grounds for divorce is no-fault, otherwise known as irreconcilable differences. For an Illinois judge to grant a no-fault divorce, the couple must have been separated for two years or six months with a signed stipulation to waive the two-year requirement.
    Additional Grounds for Divorce

        In Illinois, when a petitioner cites grounds for divorce other than no-fault, documentation or evidence must prove the claim. For example, the petitioner must prove adultery, habitual drunkenness for a period of two years, conviction of a felony or crime or desertion for at least one year.
    Settlements

        According to Illinois divorce lawyer Robert Downs in an article for divorcemagazine.com, 80 to 90 percent of divorces end in settlement. A settlement results when both parties agrees on spousal support, custody and the division of property. In Illinois, the judge is not required to approve the settlement; however, if the terms seem reasonable, judges typically grant the settlement to close the divorce proceedings.
    Contested Cases

        If the parties cannot reach a settlement, the case will require a contested hearing in an Illinois court. Judges evaluate contested cases based on the grounds of divorce and issues of support, custody, property division and maintenance.

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