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According to Illinois divorce laws, there are nine grounds for dissolution of marriage. A judgment of divorce may be done on the following grounds:
* Desertion for one year
* Addiction to alcohol/drugs
* Attempted murder
* Conviction of felony
* Infecting other spouse with sexually transmitted disease
* Living separate and apart for two years where there exists irreconcilable differences
If the grounds for Illinois divorce is based upon living separate and apart for two years with irreconcilable differences, the court must determine that efforts at reconciliation have been made and that the same has failed or are impractical and not in the best interests of the family.
Furthermore, there is an exception to the requirement of two years of no cohabitation between the spouses. If they are able to show that they have not been cohabiting with each other for at least six months immediately prior to the date of the filing of the Illinois divorce papers and they made a stipulation to that effect with the court, then the parties may be able to waive this two-year requirement.
Where do you file for Illinois divorce?
It is understood that at least one of the parties to the dissolution action must have been a resident of the State of Illinois for Illinois divorce laws to apply. The minimum period of residency should be not less than ninety days immediately prior to the filing of the action. The action may be filed in any court where either of the parties resides.
What Information to include in Action for Illinois Divorce
First, the title of an action to initiate divorce proceeding is a Petition for Dissolution. This Petition is to be filed in the Circuit Court. The party who files the dissolution action is called the Petitioner while the other part is known as the Respondent. After a judgment has been rendered granting the action for dissolution, the parties will be given their respective copies of the Judgment for Dissolution of Marriage.
What is a simplified Illinois divorce procedure?
A simplified divorce procedure is one where both parties may file a join petition for dissolution of marriage. It is much simpler and faster since the whole procedure will be summary in nature.
However, in order for the parties to qualify for simplified divorce procedure, the following conditions must be met:
* Neither party is dependent upon the other for support or each is willing to waive the right to support. In both cases, there must be a showing that each party understands that consultation with an attorney may help them determine eligibility for support;
* The residency requirements have been met;
* Irreconcilable differences have caused the irretrievable breakdown of the marriage and the parties have been separated for at least six months;
* Reconciliation efforts have failed or would be futile;
* And other provisions as mentioned in the Illinois divorce laws.