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Illinois Divorce Laws Article
from: Illinois Divorce Laws
When considering a divorce, there are many things to consider. The most important is to know what the law says about it.
While Illinois divorce laws are not that much different from other state laws, still there are nuances in it that deserve a closer inspection. Below is a list of some pointers to help you understand Illinois divorce laws:
Definition of Terms
* Filing Party Title – Called the “petitioner” under Illinois divorce laws, the spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.
* Non-Filing Party Title – Called “respondent” under Illinois divorce laws, the spouse who does not initiate the Dissolution of Marriage with the court but rather receives service.
* Court Name – The Dissolution of Marriage will contain words to this effect: “In the Circuit Court of the ______ Judicial District.” This is the proper name of the court in which a Dissolution of Marriage is filed in the state of Illinois.
* Document Introduction – The lead-in verbiage used in the legal caption or header of the documents filed in the court should be put in words to this effect: “In Re the Marriage of:”
Grounds for Divorce
When you initiate a divorce proceeding, you are going to file a Petition for Dissolution of Marriage with the Illinois court. According to Illinois divorce laws, it is in this document that you will request the court to order the termination of the marriage based on certain specific grounds.
Illinois divorce laws provides for two categories of grounds for divorce. These are:
* No-Fault Based Grounds
o Living separate and apart for a continuous period of at least two years and irreconcilable differences are deemed to have caused the irretrievable breakdown of the marriage.
* Fault Based Grounds
o Impotence
o Previously married and never divorced
o Adultery
o Respondent has willfully deserted or absented himself or herself from the petitioner for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation
o Habitual drunkenness for at least two year
o Drug addiction for at least two years
o Repeated and extreme physical or mental cruelty
o Felony conviction or imprisonment
o Infection with a sexually transmitted disease
Residency Requirements
Before a court could take cognizance over the divorce case, it must first establish that it has jurisdiction or authority to do so. Under Illinois divorce laws, one of the jurisdictional requirements is the residency of the parties.
The Illinois divorce laws, specifically 750 Illinois Compiled Statues – Chapter 5 – Sections: 104 and 401, provides: The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence has been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides.