Divorce is difficult, even if you are the one initiating divorce proceedings. A divorce case, and family law in general, is one of the most emotionally exhausting legal experiences a person can go through.
What Should I Know About Divorce in Illinois?
- "There is no statutory waiting period to file for divorce in Illinois; you only have to live in Illinois 90 days before filing a petition or for 90 days before entry of a judgment".
- Illinois is a “no-fault” state—every divorce is granted on the basis of “irreconcilable differences.”
- Illinois is an “equitable distribution” state. Property is generally divided evenly, but it may not be exactly 50-50.
- Maintenance (formerly called alimony) is based on the length of the marriage and the income of both spouses. Maintenance is generally not awarded when spouses have similar incomes.
- Child custody is not predetermined to favor either spouse. It is based on the “best interest of the child or children.”
- There is no specific waiting period to finalize a divorce unless you haven’t lived in Illinois for the last 90 days. You do not even need to be separated to file for divorce.