Illinois Divorce Questions

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Divorce is a legal process and even if you are layman about legal terms you need to know about a few associated with divorce, if you are planning to file one. By knowing about legal terms and legal procedures, you will with be able to proceed with your divorce faster and without making any mistake that would cost you further financial loss and more stress. Here we have provided some relevant and important Illinois divorce questions and their answers through which you can easily understand different legal terms and divorce related legal procedures. One should know about the different divorce grounds that are acceptable in the state before they file for divorce in that particular state. One need to know whether fault and no fault divorce are acceptable in the state they are planning to file for divorce.

Some examples of Illinois Divorce Questions

Q. Which grounds of divorce are recognized in this state?


  • Living apart and separate for 2 years in the presence of irreconcilable differences
  • Infecting the other spouse with sexually transmitted disease
  • Conviction of felony
  • Attempted murder
  • Addiction to drugs / alcohol
  • Desertion for 1 year
  • Adultery
  • Bigamy
  • Impotence
  • Q. Which types of divorces are granted in this state?

    A. In Illinois, fault divorces as well as no fault divorces are granted. It has been observed that the no fault divorces require lesser time.

    Q. If a couple has undergone common law marriage, is it legally recognized in this state?

    A. No, common law marriages are not accepted in this state.

    Q. How to select the proper venue for filing a divorce case?

    A. The Circuit Court in the county is the precise place where a divorce must be filed. The county in which either divorcing partner lives is chosen.

    Q. How are the divorcing partners referred to in this state?

    A. The divorcing partner who files the divorce case is called as the Petitioner. The spouse of the Petitioner is termed as the Respondent.

    Q. In this state, how much is the court filing fee?

    A. The court filing fee varies as per the county in which the divorce case is being filed.

    Q. What are the residency requirements in this state?

    A. Either one or both divorcing partners must be residing in this state for at least 90 days immediately before the date on which the action was filed.

    Q. If the Respondent does not reside in Illinois, how is the divorce case affected?

    A. As per the law in this state, it is not mandatory that the Respondent must live in this state. However, in case the Respondent resides outside this state, the complexity of the case increases. More time and more paperwork are essential as the process server has to serve the notice to the Respondent.

    Q. Whether spousal support is to be disbursed only after the divorce has been made final or also when the divorce procedure is in progress?

    A. The court might issue orders that one partner should extend the spousal support amount not only during the divorce process but also when the divorce has been finalized. The amount of spousal support to be paid when the divorce is in progress might be different from the amount to be paid after the divorce has been made final.

    Q. Which factors does the court consider while issuing orders regarding child custody?


    • he capacity and readiness of either partner to foster a close and continuous relation amongst the other partner and the child or children
    • History of domestic abuse or violence
    • The physical and mental health of all the people related to the child or children
    • The adjustment of the child in the community, school and home
    • The interrelationship and interaction of the child along with the siblings and parents
    • The desire of the child or children
    • The desire of the parents of the child or children
    The Illinois divorce questions and their answers will help to answers to the queries of divorcing partners planning to file for divorce in Illinois. Those thinking about filing for divorce should first get details about divorce laws in the state whether they plan to file their divorce papers. If the divorcing partners have child or children, then they must be aware about the different factors that the court will consider before issuing orders regarding child custody. The divorcing partners should be aware about how the divorce case affected, if the Respondent does not reside in Illinois.

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