The Law Firm of Debra J. Braselton, P.C.
Illinois Matrimonial and Family Law 630-DIVORCE

Basic requirements for starting a divorce in Illinois

Couples in Illinois go through high and lows. The marriages that work are able to work through the lows, but not every couple is able to do that. These couples may know that the marriage is over, but in order to actually end the marriage, they must get divorced. This is what happens after all the issues have been decided and a judge signs the divorce decree, but the divorce process must first be initiated before that can occur.

Either spouse can start the divorce process, but there are certain requirements that must be met first. The first is that they must be a resident in the state of Illinois and live there for at least 90 days before the divorce is finalized. The second is that irreconcilable differences have caused an irretrievable breakdown in the marriage. While this can mean a number of different things there is a presumption that this has occurred if the couple lived separate for at least six months prior to commencement of the divorce.

Once these requirements have been met, the parties then must start working through the various issues. There must be a finding regarding the allocation of parental responsibilities, child support, spousal maintenance, and the division of assets. Only after all of those issues have been resolved can the court issue a final order. These decisions also do not need to be decided by a judge. The parties can reach agreements on any or all of these issues and simply submit their agreement to a judge for approval.

Divorce is relatively common in Illinois now and many couples divorce each year. Illinois is known as a no fault state meaning that there does not need to be any wrongdoing by either spouse in order to initiate divorce. They just need to meet the requirements stated above. However, once the divorce is started it can be a complicated and difficult process. Experienced attorneys understand the process though and may be able to guide one through it.

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