Illinois Divorce Laws

Divorce Papers > Divorce Laws > Illinois Divorce Laws

A divorce is often known as permanent termination of marital union formed by two people. It is a legal procedure. Therefore, it is based on the laws structured by the federal and state authorities. It is important to know the details of the Illinois divorce laws as the legal provisions can give an accurate picture of a divorce in this state. The first and foremost necessary condition that has to be fulfilled by an applicant is of residency. The residency requirement in the state of Illinois is of ninety days. It means a person or the spouse should be staying in the state for minimum three months before the filing of divorce case.

Illinois Divorce Laws regarding Maintenance

The alimony that is spousal maintenance is granted to the spouse who is unable handle the financial independence after divorce. In some cases, the spousal maintenance may be granted for a specific period of time. Illinois compiled statutes 750 Chapter 5 Section 504 are the basis of laws about spousal support. Some of the issues that guide the decision of maintenance are as follows -

• Presence of a valid agreement between the partners
• The level of education necessary to get the apt employment for a partner requesting alimony
• How the respective financial conditions of both the partners have been effected by the tax of property division
• The emotional and physical state and age of both partners
• The period of marital life
• During marital life, what standard of living was enjoyed by the partners
• What period is required by the partner requesting spousal support to attain apt education, training and employment?
• If the partner seeking alimony is capable of becoming self supportive by means of employment or should not search employment being the custodian of a child
• If the present and future earning ability of the partner requesting spousal support has been harmed, as this partner has dedicated time to domestic duties or the marital status of this partner has resulted in delay or missing of career opportunities, employment or education
• The present and future earning abilities of both partners
• The requirements of both partners
• The property and income of both partners inclusive of non-marital and marital property

Illinois Divorce Laws regarding Property Distribution

All the property earned by the both partners after the marriage and before the judgment of dissolution of marriage is regarded as marital property. The title of the property may be held by the partners individually or in some form of co-ownership like community property, tenancy by the entirety, tenancy in common or joint tenancy. Marital misconduct is not considered while dividing the marital property. The factors which are taken into account are as follows -

• How the economical states of both partners have been affected by tax of the property division
• The appropriate chance for each partner to acquire income and capital assets in the future
• If the property division is in addition to or in lieu of spousal support
• The needs, liabilities, estate, employability, professional capabilities, income sources and profession, medical conditions and age of both the spouses
• Presence of a post-nuptial agreement amongst the partners
• If either partner had any previous marriage due to which the partner is eligible for any rights or obligations
• The relevant financial states of each partner at the moment on which the property distribution would have an effect, inclusive of the desire to give out the family home or the right to reside in it for reasonable duration to the partner who has the custody of the child or children
• The period of marital life
• The property value alloted to both partners
• If any partner has dissipated the non-marital or marital property
• The input of each partner to the increase or decrease in value or the acquisition or preservation of marital or non-marital property inclusive of the input of a partner as a homemaker

Illinois laws about Child Custody

Irrespective of marital faults committed by the partners, the issue of child custody is handled on the basis of the best interests of a child. The child custody should be decided by the parents mutually as it involves a lesser amount of stress and disputes. If the partners do not agree with each other, the law decides what is good for a child involved in the matter. Every case of child custody is carried out individually with the help of discretionary powers of the court.

Such is the explanation of the Illinois divorce laws. The provisions that are stated in the law should be understood effectively to complete a divorce procedure in a correct way.

Divorce Papers