subject: Dissolving a Marriage through Divorce Illinois [print this page] Dissolving a Marriage through Divorce Illinois
No state has a one-for-all program to be granted a divorce by. The circumstances differ greatly from couple to couple and inside state boundaries. This is true of a state even such as Illinois where it is fairly easy to be granted a divorce.
While it is true that if both parties are in agreement, there aren't any long waits or drawn out hearings to obtaining a divorce in Illinois. One thing to remember though; the state of Illinois law does not recognize the term divorce, they consider it "dissolution of marriage." Of course, neither term makes it any easier to bear for either party.
You will have to follow some rules for divorce Illinois to take place. One or both parties seeking a dissolution of marriage must have or currently be residing in the state for a period of at least three months to file the necessary paperwork.
This rule even applies to military personnel that are stationed in Illinois.
There will be grounds that must be specified to gain a divorce Illinois dissolution of marriage.
The grounds are the reasons that you and your spouse have determined make dissolving your marriage a relevant issue.
There is only one no-fault ground recognized in the state of Illinois. This ground is "irreconcilable differences," which is just a nice way of saying you both agree you just don't agree to be married to one another anymore.
Illinois also allows for fault based grounds to gain a divorce. This means that you must specify your soon-to-be-ex has acted in a manner you cannot tolerate. These could include, but aren't limited to, adultery, drug or substance abuse, extreme cruelty or if your spouse was convicted of a felony or gave you a STD while married.
Irreconcilable differences in the state of Illinois require that the parties be separated for two full years before being granted the divorce in Illinois. There is also the condition that you both agree to become separated and divorced; signing a waiver to file in the courts will allow the separation period to only extend for six months.
A fault based divorce can be granted as quickly as ninety days. This is contingent to both parties agreeing that one or the other deems they have been treated unfairly and can back those allegations up before the courts.
Do not consider these laws overly simplistic. They do vary from state to state and on a per couple basis depending on the circumstances you bring before the court and can change upon certain conditions taken into consideration. This could include children or extreme imbalances in each spouse's income levels.
The best and only way to proceed in a divorce case is to get answers from a qualified family law attorney. If you want a divorce in Illinois, then get all the facts first from an attorney. They will be able to tell you what proof, documentation needed and what grounds will work best in your situation.
