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The decision to divorce is life-changing and often brings with it difficulties and frustration. Each divorce is unique and it is our goal to provide you with the legal support and knowledge you need. We strive to protect your rights and achieve an outcome most favorable to you.
Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides the statutory rules for divorce. A divorce can be either a fault divorce or a no-fault divorce, however the grounds are irrelevant in determining the distribution of property in the divorce decree.
No Fault Divorce: Irreconcilable Differences
Any party can initiate a no-fault divorce as a reason for the failure of the marriage. In order to obtain a divorce of this kind Illinois law requires that the parties live separate and apart for a period of at least 6 months if both parties are in agreement to the divorce. If either party objects to the divorce then they must be separated for a period of two years. However, this time period only needs to be satisfied prior to the entry of the final Judgement for Divorce. This means that you can file the divorce and then work out the details, while satisfying the period of time needed for separation.
Grounds for a Fault Divorce:
The IMDMA provides the following categories for a fault divorce:
Filing for a divorce on fault grounds allows the final Judgment for Dissolution of Marriage to be entered without having to wait for the required separation period to pass.
In an uncontested divorce you and your spouse must agreeon every aspect of the case. This includes an agreement on the grounds for divorce, property settlement, debt division, child custody, child support, parenting time, and maintenance.
Expedited Uncontested Divorce: Joint Simplified Petition for Dissolution of Marriage
You may qualify for an expedited uncontested divorce under Illinois law if you meet the following conditions:
Maintenance is a court-ordered payment to a spouse after a Dissolution of Marriage. In general a court will award maintenance if one spouse lacks sufficient property to provide for their own reasonable needs and expenses.
The court will look at the following factors when considering how much maintenance to award:
This type of action is designed for those parties that want to live separate and apart, but do not want to officially divorce. This type of proceeding can address all of the issues that a divorce would touch on, including, parental allocation or resources, parenting time, division of property, etc., but there is no final Dissolution of Marriage at the end.
Illinois Divorce News and Articles - http://www.divorcesource.com/ds/illinois/illinois-divorce-articles-news-and-resources-1126.shtm
The Lilac Tree: Divorce Resources for Women - http://www.divorcesource.com/ds/illinois/illinois-divorce-articles-news-and-resources-1126.shtml
Our Family Wizard - https://www.ourfamilywizard.com
To obtain more information on qualifying for and/or receive assistance on any of these legal issues please contact our office at (630) 780 – 8242 and we will be happy to help.