Illinois No Fault Divorce

Divorce Papers > No Fault Divorce > Illinois No Fault Divorce

Divorce is ultimate final process that is implemented to legally end the marriage. When people realize that there is no possibility to recover the healthy state of marital relationship, owing to the existence of several unresolved conflicts and disputes, they go for this legal process. This legal procedure is mainly categorized into two types. One is fault divorce and the other is no fault divorce process. In a fault based divorce a spouse files for divorce on the grounds of some fault that the other partner is involved into. This might include adultery, felony conviction, abuse of any kind, and so on. Each state has defined the grounds on which a fault divorce can be obtained. However, some judiciary professionals like divorce attorney can play a major role in this kind of divorce processes. On the other hand, no fault divorce is generally considered as simple and allows the clients to get a divorce without many complications. The procedure to obtain a no fault divorce in Illinois is tougher as compared to the other states in the United States. On the other hand, those who file a divorce on fault grounds, the process is time consuming. If fault grounds are applied, then the process becomes quarrelsome. The grounds selected to obtain a divorce have an effect on the duration of the divorce process. Most importantly, the divorcing spouses must fulfill the basic eligibility criteria before applying for a no fault divorce in the court house. Here we are providing detailed information on Illinois no fault divorce and the essential requirements of filing divorce in the court house.

Grounds of Illinois No Fault Divorce

Like every other state, Illinois state do consider a set of definite grounds, on the basis of which a divorce case is filed in the court. One of the divorcing partners has to file a statement mentioning that the marriage has been broken irretrievably. The reason to obtain a divorce on such a ground could be incompatible temperament or irreconcilable differences. It is essential that the judge reaches a conclusion that there is no single possibility to mend the distorted condition of the marriage. Consequently, a no fault divorce is easily granted on the basis of this ground, by either of two divorcing spouses.

Residency Requirements for Illinois No Fault Divorce

Before filing a no fault divorce in the Illinois court, it is important that either of the two divorcing partners reside in the state for minimum ninety days prior to the date of filing the divorce papers. The county, where the divorcing partner is residing, is the venue for filing the divorce papers.

Preparation for Illinois No Fault Divorce

• Consider that only one divorcing partner desires for a divorce and the other partner does not wish so. In this case, it is essential that both the spouses should have undergone a separation period and that should be at least for two years duration. When this period is complete, a divorce can be awarded for any given reason. Therefore, separation period of two years is one of the essential requirements in the state.
• Consider that both divorcing partners agree with each other to procure a divorce. In such a scenario, it is mandatory that both of them have resided separately for six months. The partners have to submit a form in the court that they are in concurrence. After filling this form, the compulsory two year separation duration can be waived.
• Once the condition of staying separate is satisfied by both the parties, then the step of a filing petition for dissolution of marriage is supposed to be done by the petitioner. Along with the Petition, it is essential to disburse the initial filing fee. The specific fee amount varies from county to county.

Joint Simplified Dissolution Procedure

If a divorce in Illinois is an uncontested one, the state allows a Joint Simplified Dissolution Procedure. In this procedure, the divorcing partners can represent their divorce case by themselves without taking help of any divorce attorney. However, for this to happen, the divorcing couple must fulfill certain criteria that as follows.

• There should not be any children from the marriage; biological or adopted.
• The personal income, joint income and value of marital estate must be limited to a certain amount.

Other Aspects of a Joint Simplified Dissolution

• As a joint petition is valid in Illinois state, the divorcing partners must accede with each other when sorting all relevant marital issues. Similarly, they must fulfill the legal formalities together till the end of their case.
• It is also necessary that they attend court together.
• The divorcing couple must have been married for 8 years or less to apply for this divorce.
• In order to apply for this divorce, the divorcing couple must be residing apart and separate for minimum six months. It is mentioned in the petition that an irretrievable breakdown of the marriage is also considered as a major ground during a joint simplified dissolution procedure.

The legal procedures involved with Illinois no fault divorce are quite similar to the procedures of other states in the US. The residency requirement and the definite grounds for divorce are few of the major considerations, when filing a divorce case.

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