Illinois Divorce Law

Important Illinois Divorce Guidelines to File for a Divorce

Illinois Residency Requirements For Divorce

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

Grounds For Divorce In Illinois

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

• irreconcilable differences;
• 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 physical custody in accordance with the child’s best interests.

Illinois courts will consider the following and more:

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

Illinois Child Support Guidelines

Unless special circumstances are present, the courts calculate child support based on the official child support guidelines. Child support will continue until the child reaches adulthood, and may be extended through his or her secondary education.

Venue

Illinois divorce papers may be filed in the county where the petitioner or defendant resides.

Mediation

Mediation is strongly encouraged in Illinois divorce courts, and divorce cases may be referred to mediation at any time.