Throughout your divorce proceedings, the court will finalize decisions on many significant items at hand, such as alimony settlements, child custody agreements, child support agreements, and property division. But before you can even get to these discussions, you must meet certain criteria, such as the residency requirement and the proper grounds for divorce. This can be an extensive and complex process, so if you find yourself in this situation, read on to learn how an experienced Morton divorce lawyer at Butler, Giraudo & Meister, P.C., can help you step by step.
Do I fulfill the residency requirement for divorce proceedings in Illinois?
Unlike other states, Illinois has a relatively straightforward residency requirement for divorce proceedings. That is, you or your spouse are only required to live in the state of Illinois for at least 90 days to file for divorce.
What grounds for divorce can a cite for divorce proceedings in Illinois?
In addition to the residency requirements, you must also cite your reasons for getting a divorce.
Historically in the state of Illinois, you would be able to cite fault grounds for divorce. The following are some traditional bases:
- Your spouse committed adultery during the marriage.
- You were abandoned for at least one year.
- Your spouse became impotence.
- Your spouse became bigamous.
- Your spouse had alcohol abuse or drug addiction for at least two years.
- Your spouse attempted to take your life.
- You experience extreme and repeated physical or mental cruelty.
- Your spouse received a felony conviction during the marriage and/or became imprisoned for an extended period of time.
However, in 2016, Illinois abolished fault divorce. This does not mean that fault cannot come into play when courts consider child custody and visitation matters.
Now, Illinois is a no-fault divorce state, which claims that neither spouse was at fault for the breakup. This means that no marital misconduct needs to be proven, but instead, any of the below grounds, which are relatively simple, may be cited:
- Irreconcilable differences have caused the irretrievable breakdown of the marriage.
- You and your spouse have tried to reconcile and failed, and further attempts would be impracticable and not in the best interests of the family.
- You and your spouse have lived separately and apart continuously for six months prior to your filing of the divorce.
If you have any further questions, whether it be about the residency requirement, no-fault grounds, or the divorce proceedings in general, do not hesitate in reaching out to a skilled Tazewell County family law attorney today.
Contact Our Experienced Illinois Firm
Contact Butler, Giraudo & Meister, P.C., today for effective and compassionate legal counsel for the following legal matters: divorce, alimony, division of marital assets, child custody, and child support.
