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Illinois Residency Requirements For Divorce

A spouse filing for an divorce in Illinois must have been a resident for 90 days.

Grounds For Divorce In Illinois

Illinois divorce recognizes both fault and no-fault grounds for divorce.

The following are the no-fault grounds for Illinois divorce:

• irreconcilable differences;
• the spouses have lived separate and apart without cohabitation for two years; however if both spouses agree to the divorce, the time period is reduced to six months.

The following are some fault grounds for Illinois Divorce:

• adultery;
• bigamy;
• impotence;
• conviction of a felony;
• willful desertion for one year;
• cruel and inhuman treatment;
• drunkenness;
• infection of the other spouse with a sexually transmitted disease.

Illinois Child Custody

The parties may agree to joint or sole legal and physical Custody of their children. Legal Custody gives a parent the right to participate in decision making involving the children. In a contested Illinois divorce, the court may award either joint or sole legal Custody and will determine residential arrangements (physical Custody) for the child, each in accordance with the best interests of the child.

The Illinois divorce court shall determine Custody in accordance with the best interests of the child. The following are some considerations:

• wishes of the child's parent;
• wishes of the child;
• bond between child and parent and siblings;
• child's adjustment to home, school, and community;
• mental and physical health of all individuals involved

Illinois Child Support GuideLines

Illinois divorce has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, or until the child graduates from high school, whichever last occurs. Child support may, under some circumstances, be extended through college.

Venue

The proceedings shall be held in the county where the plaintiff or defendant resides for an Illinois divorce.

Mediation

The Illinois Divorce Legislature has found that mediation of disputes has a great potential for efficiently reducing the volume of matters which burden the court system. It is therefore strongly encouraged in Illinois divorce.