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What does the state of Illinois say about divorce?

When getting a divorce, it is common to ask questions. One of the overriding questions that you may have is what does the state of Illinois say about divorce in general? Illinois has statutes and laws that clearly state what can and cannot happen when you are seeking a divorce. The statute that speaks to divorcing in Illinois is 750 ILCS.

It is considered a "no-fault" state because the court will accept that the marriage has failed due to an irretrievable breakdown of the relationship. This basically means that you and your spouse simply do not get along and cannot sustain a relationship. There is also a law that states that after a two-year separation, a divorce can be granted if you choose.

Other grounds for divorce include adultery, domestic violence, willful desertion for at least a year and drug or alcohol addiction. These do not have to be provable but if your spouse denies this, it's best to have an attorney who has your best interests in mind. Impotency, unexplained absence, a criminal conviction, having a venereal disease and proving that your spouse was still married to someone else are all grounds for divorce.

While there is no waiting period after the divorce documents are filed, there is the rule that one of the people involved in the separation must be a resident of the state of Illinois for at least 90 days prior to filing. A divorce in Illinois sounds easy to obtain; however, property division is always a battle and you may want to contact a legal professional to guide you and to help you get what you deserve.

Divorce is usually a very difficult occurrence. It can be taxing and emotionally draining because you are not only ending a relationship, you are dividing assets and debt. It can be even more contentious if children are involved. Having an experienced individual in your corner who knows the laws of Illinois can assist you and answer all your questions.

Source: Find Law, "Illinois legal requirements for divorce" Oct. 20, 2014

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