Filing a divorce can be complicated, and several implications arise. Divorce laws have changed significantly over the years. In the United States, each state has its unique rules and requirements with which parties must comply before being granted a divorce. In Illinois, a divorce (known under the law as a “dissolution of marriage“) has unique features that parties must understand to navigate the process properly. In 2022, the state passed revisions to the the Illinois Marriage and Dissolution of Marriage Act, introducing some provisions that can significantly impact the divorce process.
One of the important features of divorce law in Illinois is that it is a no-fault divorce state, meaning neither party needs to prove that the other committed wrongdoing. Thus, there is no need to ascribe blame to anyone. Originally, the rule in the US was that a married couple had to provide an acceptable reason for ending their marriage. No-fault divorce was first introduced in California before the rest of the US. The grounds for divorce in Illinois are now that there must be irreconcilable differences that have led to the irretrievable breakdown of the marriage. The reason for this approach is to allow parties to effectively focus on addressing and, perhaps, resolving their issues rather than apportioning blame.
To file for divorce in Illinois, residency is required. The law requires that at least one spouse must have lived in the state for at least 90 days before filing for the divorce or at least 90 days before the “prove up,” which finalizes the divorce. In addition, the couple seeking a divorce should have been separated for not less than six months. This is, however, not compulsory, as parties can agree to waive the requirement. However, it indicates that the parties cannot reconcile their differences. Thus, where there has been a six-month separation, the court presumes that there are already irreconcilable differences. Otherwise, if they have not been separated, parties must prove to the judge that reconciliation efforts are impossible or have failed.
The divorce process begins with filing a divorce petition by the party initiating the divorce. This petition is known as the Petition for Dissolution of Marriage. The Respondent (the other spouse) then has 30 days to respond.
In dividing property, the principle of equitable distribution applies in Illinois. Thus, the court identifies marital property and divides it fairly. Marital property refers to property or assets a couple accumulates during their marriage, such as real estate, furniture, cars, stocks, etc. In dividing these assets, the court would consider, for instance, a non-working parent who focused on caregiving for the household and has less purchasing power than the other. Non-marital property, which refers to assets acquired before the marriage, is generally not divided under a divorce. However, in certain instances, non-marital property may become marital property, such as where inheritance money has been deposited into a joint bank account in the name of both spouses.
Spousal maintenance in Illinois is determined by subtracting 25 percent of the recipient’s income from 33 percent of the payor’s income. The length of time spousal maintenance is paid depends on the duration of the marriage. During the process, the court may also exercise the discretion of awarding temporary maintenance.
