GROUND RULES
What are the grounds for
divorce in Illinios?Prior to 1984,
divorcing residents of Illinois were required to show "fault" (such as adultery
or cruelty) as a basis for proving marriage breakdown. The Illinois Marriage and
Dissolution of Marriage Act now allows couples to file for divorce using
"no-fault" grounds: under current law, marriage breakdown is now indicated and
divorce can occur if the husband and wife have been separated for as little as six months
(if both parties agree) or for two years (if there is no agreement). In this state, a
divorce is officially called a "dissolution of marriage" -- a term used by the
courts and all legal papers. Instead of no-fault, you may use one of the following grounds
in order to obtain a divorce:
1) That your spouse:
- was at the time of your marriage and
continues to be impotent;
- had a living wife or husband at the
time of your marriage;
- committed adultery during your
marriage;
- willfully deserted you for at least
one year;
- has been guilty of habitual
drunkenness or drug abuse for two years;
- has physically or mentally abused you, or
tried to kill you;
- has been convicted of a felony;
- has infected you with a sexually
transmitted disease
2) In a no-fault case, you must
show that you and your spouse have lived separately and apart:
- and irreconcilable differences have
caused the irretrievable breakdown of your marriage;
- or reconciliation has failed or
would be impracticable.
Of these "fault" (section one)
and "no fault" (section two) options, the separation period is the most
straightforward and easiest to prove. It's possible to deem yourselves as "living
separate and apart" while within the same dwelling, although this is more difficult
to prove. You must be living entirely independent lives -- each doing your own cooking,
laundry, and home maintenance for example -- and of course not sharing the same bed.
Annulment
In a divorce, the court declares
the marriage contract broken; in an annulment, the court says that there never was a
marriage. Annulment (known as "Declaration of Invalidity of Marriage" in
Illinois) is more difficult to prove -- and much rarer -- than divorce. To go this route,
you will need to speak to an attorney. If you want an annulment for religious reasons,
consult with your priest, minister, or rabbi as well.
DOCUMENTATION
You'll need to provide your lawyer with
the following documentation in order to proceed with your dissolution. Start gathering
everything together as soon as possible so that you can find out what might be missing and
submit any requests for duplicates.
Personal Data
- Full addresses, social-security
numbers, and phone numbers of both parties.
- Full names, birth dates,
social-security numbers, and addresses of all children of the marriage, their school and
grade.
- Information about any prior marriage
of either spouse, including a certified copy of the divorce decree.
- A copy of any domestic contracts
(e.g. a prenuptial agreement).
- Information about any previous legal
proceedings between the spouses or involving any of the children.
- Dates and particulars about any
previous separations, attempts at reconciliation, or marriage counseling.
Financial Data
- Your previous year's income tax
return (two prior years' returns, if available), and any related data from the IRS.
- Information about your current
income (e.g. a current pay slip).
- A list of substantial assets and
liabilities of both spouses.
- Loan applications, broker's statements, stock
certificates, insurance.
- Most recent statement of all accounts and credit cards.
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