Requirements for Divorce in Illinois

 Posted on May 11, 2013 in Divorce

Regardless of your reasons for getting a divorce, it is important to hire a divorce lawyer who can listen to your concerns and help you through the process. Asking  questions and getting accurate answers from a compassionate attorney is crucial. Consider options such as mediation to work through your divorce. You have the option of having an attorney present in mediation, and you and your spouse have more control over the outcome. In the state of Illinois, you have to have been a legal resident of the state for  at least 90 days before a final divorce judgment can be issued. One or both sides must legally prove that there is a reason for the divorce, whether it is a fault or no fault divorce. A commonly used reason for divorce is irreconcilable differences, which is considered "no-fault". In order to file a no-fault divorce, the following  must be fulfilled:

• The marriage has broken down
• The couple has been living separately for at least two years. 
• The court has determined that efforts to reconcile have failed, future attempts will serve no purpose and are not in the best interest of the family.

Other grounds for divorce are not considered no fault. The following are valid, but may be difficult to prove:

• Mental cruelty
• Physical cruelty
• Habitual drunkenness
• Drug addiction
• Impotency
• Imprisonment
• Adultery

Legislation regarding divorce in Illinois can be found here: Illinois Marriage and Dissolution of Marriage Act - ILCS750, Park IV. The legal lingo may be difficult accurately interpret without the help of a divorce attorney. If you have questions about divorce or need to start the proceedings, contact a Lombard divorce attorney who can assist you.

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