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Some notes on laws related to divorce in Illinois


All U.S. states have their own divorce laws. In Illinois, couples must reside in the state for three months before they can apply for divorce. However, couples need not wait for any specific period before finalizing divorce. When there is an irrevocable breakdown of marriage, Illinois couples may apply for a "no-fault" divorce. A no-fault divorce is a commonality in Illinois. In a no-fault divorce, neither spouse needs to prove fault to the other. Essentially, they are just saying that they do not get along.

In some states, couples are asked to live separately before they apply for divorce. When it is not a no-fault divorce, drug abuse, domestic violence and willful desertion are among the other grounds for applying for divorce. In Illinois fault divorces, one partner can bring about a charge of adultery, abandonment or inability to have sexual intercourse as grounds for divorce.

Illinois also allows legal separation, where the court has agreed to a mutual separation before the couple goes for a permanent split. Here, the marriage is not permanently broken. Legal separation works for many who are not keen on divorce. They live separately and matters related to child custody, child support and division of property are clarified legally. Many couples wish to go for legal separation, rather than divorce because marriage entitles them to certain financial benefits.

Be it a fault divorce or a no-fault divorce, the end of a marriage can be very taxing, and can put a couple under severe emotional stress. Dealing with paper work may not come easy for divorcing couples. Under these circumstances, a wise thing to do is to seek the help of an Illinois attorney.

Source: FindLaw.com, "Illinois Legal Requirements for Divorce," accessed on Aug.17, 2014

Source: FindLaw.com, "Illinois Legal Requirements for Divorce," accessed on Aug.17, 2014

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