Divorce Laws in Illinois: What to Know

Nonetheless, the court expects the alimony recipient to make reasonable efforts to become self-supporting. In certain cases, however, a judge can make alimony payments permanent if the recipient can prove he or she has a permanent inability to become self-supporting. Because Illinois is strictly a no-fault divorce state as of January 1, 2016, couples are not able to specifically cite infidelity or adultery as a reason any longer. A couple can get a divorce for no other reason than by claiming that there is an irretrievable breakdown in the marriage. An irretrievable breakdown means that the marriage cannot be repaired or salvaged. This is a law that protects people from losing health coverage during major life transitions.

As long as you follow the state’s marriage license rules, you can get married in any state—even if you don’t live there. The requirements for ending a marriage, though, are not as relaxed. Instead, you must meet a state’s residency requirements before you can file for divorce in its courts.

Because Illinois is a no-fault state, domestic violence by itself is not used as grounds for divorce. Instead, the only reason that needs to be stated is that irreconcilable differences have led to an irretrievable breakdown of the marriage.Domestic violence is a more important issue when dealing with child custody. If domestic violence can be documented, then the abuser may not be allowed any custody privileges, because courts always put the best interests of children first when it comes to all issues in a divorce. In other cases, visitation may be granted, but under strict supervision and on a limited basis. Children are another one of the topics in a divorce that cause a lot of disagreement.

In 2016, the state passed a law that standardized a Financial Disclosure Statement to be used in all divorces. Prior to that time, the disclosure statement would vary from county to county. Just as it is virtually all other states, custody and visitation issues are guided by Illinois statutes and the principle that all decisions will be made with the best interests of the child in mind.

The court will make the determination whether or not the payment of maintenance to one spouse is appropriate. If maintenance is appropriate, the court will follow statutory guidelines as to how much maintenance is paid and for how long. The length of time maintenance will be paid depends on the length of the marriage. The obligation to pay child support continues until a child reaches age 18 or graduates from high school, whichever is later.

In Illinois, you do not need to prove that you have specific grounds for divorce. The only grounds you need is to say that the marriage is irretrievably broken. One way to prove this is to live separately from your spouse for six months.

Illinois also has alternatives to the standard divorce, such as anannulmentorlegal separation. The information presented should not be construed to be legal advice nor the formation of a lawyer/client relationship. Under this new Illinois law which goes into effect January 1st, 2022, allows for one party to obtain from the other party money to obtain an attorney, this money will be used for the other party to retain an attorney. The requesting party must have their attorney sign an affidavit which states that the attorney agrees to enter their appearance for the party requesting the attorney if the Court grants the request. The party seeking the attorney must also provide a certificate that the fees will be used solely for the purpose of retaining an attorney to represent them in the Court proceedings.

The court places a primary concern on the well-being of children in a marriage and if it can be shown that adultery has created a negative environment, then custody may be affected to some degree. In Illinois, after a dissolution of marriage is granted, the vast majority of employers dictate that a spouse may no longer remain on the other’s health insurance plan and they must seek out their own healthcare coverage. As part dominique sachse divorce 2021 of a settlement, a judge may order one spouse to pay for the other’s health insurance. Law enforcement has strong safeguards against domestic violence and when it is present in a marriage, the first goal is for a spouse to take steps to make sure they are safe above all else. This means the first thing a spouse must do is leave the residence where the abuser is living and if the threat is imminent, call the police.