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Illinois Divorce FAQs - Miscellaneous
This information is from Dick Kulerski, the DivorceInfo Network Lawyer for Illinois. Click here to visit his web site.
What are the requirements for residence?One of the parties must have lived in Illinois for 90 days next preceding the commencement of the action or the making of the finding. What are the grounds for divorce?The grounds for divorce are as follows:A.Irreconcilable differences; B.Natural impotence (at the time of the marriage and continuous); C.Bigamy (another husband or wife living at the time of this marriage); D.Adultery; E.Desertion (absent one year including time while case is pending); F.Habitual drunkenness for the space of 2 years; G.Gross and confirmed habits caused by the excessive use of addictive drugs for the space of two years.Use of such drug must become controlling or dominant purpose of that person’s life; H.Attempt on the life of the other spouse by poison or other means showing malice; I.Extreme and repeated physical cruelty; J.Extreme and repeated mental cruelty; K.Conviction of a felony or other infamous crime; L. Infecting the other spouse with a sexually transmitted disease. Is there such a thing as common law marriage?Illinois has not recognized common law marriages performed within Illinois since the 1920’s. How does annulment work?The court will declare a marriage invalid (formerly known as annulment) if: A.A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage; B.A party lacks the physical capacity to consummate the marriage by sexual intercourse and, at the time the marriage was solemnized, the other party did not know of the incapacity; C.A party was aged 16 or 17 years and did not have consent of his parents or guardian or judicial approval; or D. The marriage is prohibited. Is there such a thing as legal separation? If so, how does it work?Illinois does have Legal Separation. Any person living separated and apart from his or her spouse without fault may have a remedy for reasonable support and maintenance while they live apart.Such action shall be brought in the circuit court of the county in which the respondent resides or in which the parties last resided together as husband and wife.In the event the respondent cannot be found within the State, the action may be brought in the circuit court of the county in which petitioner resides.Commencement of the action, temporary relief and trials shall be the same as in actions for dissolution of marriage. A proceeding or judgment for legal separation shall not bar either party from instituting an action for dissolution of marriage, and if the party so moving has met the requirements of Section 401, a judgment for dissolution shall be granted. Do parents of minor children have to go through parent training? If so, how much does it cost, and how long does it take?There is no state requirement regarding parent training. However, most courts have adopted a local court Rule that requires the parents to attend a one-evening session at a very nominal cost, which attempts to educate the parents as to each parent's rights and responsibilities and how to otherwise conduct themselves in a way that best meets the best interest of the minor children. Other issues in Illinois: |
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