Illinois No Fault Divorce

The procedure of divorce in the state of Illinois is tougher as compared to the other states in the United States. In case of those who file on no fault grounds, the process is time consuming. If fault grounds are applied, then, the process becomes quarrelsome. The grounds selected for the divorce have an effect on the duration of the divorce process.

Grounds of Illinois No Fault Divorce

One of the divorcing partners has to file a Complaint in which it is mentioned that the marriage has been broken irretrievably. The reason of such an occurrence may be incompatible temperament or irreconcilable differences. It is essential that the Judge reaches a conclusion that it is not in the best interests of the parties to mend the situation.

Residency requirements of Illinois No Fault Divorce

One or both the divorcing partners must reside in this state for minimum 90 days prior to the date of filing the divorce papers. The county, of which the divorcing partner is a resident, 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, there is compulsory 2 year separation duration. When this period is complete, a divorce can be awarded for any given reason.
• 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 separate residences for 6 months. Then, they have to submit a form in the court that they are in concurrence. After filling this form, the compulsory 2 year separation duration can be waived.
• After the separation duration mentioned in the above 2 points is complete, then, the Petitioner must file a Petition for Dissolution of Marriage. Along with this Petition, it is essential to disburse the initial filing fee. This fee varies along with the county.

Joint Simplified Dissolution Procedure

If the 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 pro se (i.e. by themselves). However, for this to happen, the divorcing couple must fulfill certain criteria as follows.

• There must not be any children.
• The personal income, joint income and value of marital estate must be limited to certain amount.

Some other aspects of this sort of divorce are as follows.

• As a Joint Petition must be filled, the divorcing partners must accede with each other to divorce. They must complete the Joint Petition together.
• 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 6 months. It is mentioned in the Petition that an irretrievable breakdown of the marriage has occurred due to irreconcilable differences.

Divorce Papers