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Frequently Asked Questions about Illinois Divorce Laws

Divorce Attorney

In Illinois, divorce is referred to as Dissolution of Marriage and the decision should not be taken lightly. Here are some frequently asked questions and their answers about divorce laws in Illinois you should be aware of:

Q. Does Illinois Have A Residency Requirement?

A. Yes, it does. You can only file for divorce in Illinois if you have lived in the state for the past 90 days. This includes members of the armed forces. Also, if you want the court to get involved when it comes to child custody and visitation rights, you need to make certain your children were Illinois residents for the past six (6) months.

Q. Do I Need an Attorney if I Agree with My Spouse on Everything in the Divorce Decree?

A. In this case, you do not have to hire an attorney, however, hiring an attorney is always advisable. Divorce cases can get quite complex and yours can have consequences you may not be aware of. You cannot use the same lawyer as your spouse – even if you agree on everything.

Q. What is a ‘no-fault divorce?

A. A ‘no-fault’ divorce means neither you nor your spouse were responsible for the breakup of your marriage. The grounds for a no-fault divorce include the following:

  • Irreconcilable differences caused the breakup of the marriage
  • Efforts at reconciliation failed
  • Both spouses have lived separately from one another for at least two (2) years. Spouses can also live separately in the same house as roommates only
  • Further attempts at getting back together are not in the family’s best interests

Q. In What Case Can the Supporting Spouse be Eligible for Spousal and Child Support?

A. As a filing spouse, if you have lived in Illinois for the last 90 days but your spouse is not a resident of the state and has never committed any act in the state which would cause the court to take notice, he/she may not have to pay for support. That’s because the court does not have jurisdiction over them in any way.

This is barely the tip of the iceberg. If you have more questions about the divorce process in Illinois, get in touch with the attorneys at Covert Marrero Covert today. We treat each client with the respect and compassion they deserve and will ensure your best interests are protected. We do not back down from high-powered adversaries. Get in touch with us for a consultation in Warrenville, Naperville and Schaumburg, IL, today.

By Brian Covert | Posted | Posted in Divorce Attorney

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