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The spouse filing for dissolution must have been a resident of Illinois for 90 days immediately prior to filing for dissolution of marriage. The dissolution of marriage may be filed in a county where either spouse resides. [750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 104 and 401].
There are mainly two reasons of divorce in Illinois that is fault and general. In order to file for divorce in Illinois, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault reasons for divorce in Illinois include:
General reasons for divorce in Illinois include:
Sole or joint custody may be awarded, based upon the best interests of the child and upon the following factors:
Marital misconduct that does not directly affect the parent’s relationship with the child is not to be considered. There is a presumption that the maximum involvement and cooperation of the parents is in the best interests of the child. However, this is not to be considered a presumption that joint custody is always in the best interests of the child.
For an award of joint custody, the court will also consider the following factors:
The parents shall prepare a Joint Parenting Agreement (which may be part of a Marital Settlement Agreement) which will specify each parent’s rights and responsibilities for:
The Joint Parenting Agreement will also include provisions specifying mediation of problems and periodic review of the terms of the Agreement. Joint parenting does not necessarily mean equal parenting time.
The physical residence for the child is to be determined by either:
Illinois is an “equitable distribution” state. Each spouse retains the non-marital (separate) property that he or she owned prior to the marriage and any property acquired by gift or inheritance during the marriage. The court will distribute all other marital property, without regard to fault, considering the following factors:
The court may award maintenance to either spouse for a period of time it considers just. Marital fault is not a factor. The factors to be considered are:
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. However, the court may adjust property division if child has been a victim of abuse by a parent. If the official guidelines are not appropriate, the following factors are considered:
The court may require support to include payment of a child’s health insurance premium. Support payments may be ordered to be paid directly to the clerk of the court. There are official guidelines for the amount of support contained in the statute. Illinois Driver’s licenses may be revoked if child support obligations are not met. [625 Illinois Compiled Statutes Annotated; Chapter 5, Sections 7-703 and 750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 503,505, 505.2, and 507].
At the request of either spouse, or on the court’s own initiative, the court may order a conciliation conference if it is felt that there is a prospect of reconciliation. [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 404].
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