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Illinois Divorce Law

Divorce Laws in Illinois

Illinois divorce laws has maintained the traditional fault based grounds for divorce, which can include, but is not limited to, adultery, cruel treatment, and willful desertion. However, the no-fault clause known as irreconcilable differences has been added. Additionally, either spouse may file for a divorce in Illinois.

Alimony & Equitable Distribution in Illinois

Illinois is known as an equitable distribution state. According to the divorce laws in Illinois this means that the marital property must be divided fairly or equitably, but not necessarily equally, between the parties regardless of possible marital misconduct. Each spouse is generally assigned his or her own non-marital property, which is acquired before the time of marriage.

Maintenance, formerly known as alimony, can be awarded to either spouse. Marital misconduct may not be considered in awarding maintenance but the prior standard of living of the couple and the duration of the marriage will be taken into account, under Illinois divorce laws.

Illinois Child Support, Child Custody and Child Visitation

According to Illinois divorce law, the best interest of the child is the standard for custody determination. Based on the equal protection grounds, either parent has equal custody rights and there is no presumption of favor of or against joint custody. Additionally, custodial powers are not absolute under Illinois divorce laws. The court can limit the custodians’ powers to only what is in the best interest of the child. The non-custodial parent has the right to reasonable visitation and is likely to be modified from time to time as the child’s needs change. Additionally, before any child custody action is taken an attorney must be consulted about jurisdictional options and requirements.

Child support (a percentage of the non-custodial parents net income paid to assist with the support of his children) is determined by the number of children of the marriage. For example, for 2 children, the amount is based on 25% of the payer’s net income. However, both parents have a duty to pay reasonable and necessary support, as set forth by the divorce laws of Illinois. Expect to pay child support until the child reaches the age of 18.





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