Residency Requirements:
In order to file for divorce in the state of Illinois, the filing spouse
must have been a resident of Illinois for at least 90 days.
Legal Separation:
The petitioner must file for legal separation in the county where the
respondent lives, or in the county where they last lived together as a
man and wife. The petitioner may seek reasonable support and maintenance
if without fault and living separate and apart from the other spouse when
obtaining a legal separation.
General Divorce Procedure:
To speed up the divorce procedure, Illinois encourages marital agreements.
Where to file for divorce:
The divorce may be filed in the county where either spouse resides.
Mediation or Counseling:
If the court or either spouse requests, the court may order a
conciliation conference if there is a possibility of reconciliation.
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Grounds for Illinois Divorce:
No-fault:
Illinois recognizes no-fault grounds for divorce,
including irreconcilable differences and reconciliation has failed or
further attempts will be impractical and the spouses have lived apart
without cohabitation for two years. However, if both spouses agree,
the time period for living apart is six months.
Fault-based:
Illinois also recognizes fault-based grounds
based on:
1) Adultery;
2) Attempted poisoning or otherwise endangering
the life of the spouse;
3) Felony;
4) Impotence;
5) Drunkenness for two years;
6) Drug addiction, cruel and inhuman treatment,
willful desertion for one year;
7) infection of the other spouse with
communicable disease.
Title of Divorce action:
Petition for dissolution of Marriage.
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