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.


Grounds for Divorce


​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:


  • Adultery
  • Bigamy
  • Desertion for a period of at least one year
  • A felony conviction
  • Alcohol or drug addiction for a period of at least two years
  • Extreme and repeated physical or mental cruelty
  • Impotence
  • Attempting to take the other spouse’s life
  • Infecting the other spouse with a sexually transmitted disease


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.

Uncontested Divorce


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:


  1. You have been married for eight years or less.
  2. You and your spouse will fill out all the forms together.
  3. You and your spouse go to court together to enter the Judgment for Dissolution.
  4. You and your spouse do not have any children together
  5. You and your wife are not pregnant.
  6. You and your spouse are living separate apart and have done so for at least six months.
  7. You and your spouse do not own a house or other land.
  8. You have less than $10,000 in joint marital property.
  9. Each of you earn less than $20,000 in individual gross income,
  10. And, together, as a couple, you do not earn more than $35,000 in gross income.
  11. You and your spouse are waiving maintenance, formerly known as alimony.
  12. Either you or your spouse has lived in Illinois for at least 90 days before you file for divorce.
  13. You and your spouse agree that irreconcilable differences have caused an irretrievable breakdown of your marriage.


Maintenance (Alimony/Spousal Support)


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:


  • Length of the marriage
  • Age and health of the spouses
  • Division of property
  • Education level of each spouse
  • Earnings and Earning Capacity of each spouse
  • Tax Consequences 
  • Any other factor that the court may deem relevant


Legal Separation


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.


Resources


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.

Divorce

Mary J. Rocco 

ATTORNEY AT LAW, LLC

​​Call for a Free Consultation: 

630-780-8242

​​Office Location:

One Lincoln Center

18W140 Butterfield Road Suite 1500

Oakbrook Terrace, IL  60181