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Illinois Divorce Laws

Illinois has following divorce laws:

Residency

Awareness of the residency requirements before filing for divorce is very important. Illinois divorce laws require the claimant to be a resident of Illinois for at least 90 days. Moreover, the process of dissolution should be carried out in a county where either the spouse lives.

Documents required filing divorce

According to Illinois divorce laws two essential documents are needed to conclude dissolution of marriage. They are:
  • Petition for Dissolution of Marriage and
  • Judgment for Dissolution of Marriage
There are some other documents needed as well to file during the process, they include:
  • Verification Statement
  • Waiver of Two Year Statutory Period of Separation
  • Financial Disclosure Statement
  • Entry of Appearance
  • Waiver
  • Consent.

Distribution of Property

According to Illinois divorce laws, property in Illinois is divided on equitable distribution basis. This mean not just equally but fairly. All the community property is subjected to distribution except for that owned before the marriage or gifted by either spouse.

Change of Name or Restoration of Name

The wife can request for the restoration of her maiden name in her petition for dissolution of marriage.

Mediation Counseling

Mediation counseling is required if the court finds out that there is a hope of reconciliation. The court may order a conciliation conference upon:
  • The request of either party or,
  • Its own motion

Alimony

Illinois divorce laws may dictate a permanent or temporary alimony if the court feels it is required. Various financial factors are taken into account by the court, before this decision is made.

Illinois State considers these following types of alimony.

Temporary alimony is paid from one spouse to the other during the trial period or before the divorce is finalized.
Rehabilitative alimony is awarded where one spouse pays for the other to carry out an education that will help the other spouse to be capable of earning own living.
Permanent alimony is where the court sets an amount that one spouse should pay to the other for either a specified period of time, or an open-ended period of time.

Child Custody

Children involvement in dissolution of marriage is a serious issue. Indiana courts does it best to safeguard the child from different shock that s/he might experience. The parties should decide child custody on their own else the court ascertains the custody order at its prudence.

Child Support

Child support is calculated based on the Illinois State Guidelines for determining child support. Illinois divorce laws, like all other states, has guidelines for determining the amount of child support to be paid.

Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.

 
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