Requirements for Fault & No-Fault Divorce in Illinois

 Posted on November 21, 2012 in Divorce

Every state has different requirements that a person must meet before a petition can be filed. There are a slew of things to consider as you begin the arduous process in addition to Illinois-specific requirements, including waiting periods and postnuptial agreements. First, though, it’s important to choose what kind of divorce you’ll be filing—fault or no-fault. After this has been determined, and agreed upon by both parties, the next important step is to hire a divorce lawyer who can help you with everything else.

Fault divorce in Illinois can be determined by a number of reasons, including, but not limited to:

• adultery
• impotence
• two-years of drug addiction or habitual drunkenness
• felony conviction
• imprisonment
• infection with an STD

A no-fault divorce in Illinois must follow a two-year trial separation period in which the spouses were living apart for at least two continuous years. This can only be waived if the couple has been living apart for six months and a written agreement signed by both parties accompanies the divorce petition.

In Illinois it’s up to the court to determine that efforts to reconcile have failed, regardless of which type of divorce it is.

Luckily, with either type of divorce, Illinois insists on equitable property distribution, and requires a parenting plan. While a parenting plan may seem complicated to come up with while in the throes of the system, it’ll make it much easier later on for both parties.

If you or someone you know is considering divorce, hiring an experienced divorce attorney is the most important part of the process. Contact the offices of Traub divorce today.

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