Does Illinois require separation before divorce?

Does Illinois require separation before divorce?

The state of Illinois requires the spouses to live separate and apart for six months prior to filing for divorce. However, this rule can be waived under some circumstances, including mutual agreement of the parties.

Who gets house in divorce Illinois?

Illinois is not a community property state – it is an “equitable division” state. That means marital property and debts need not be divided 50 / 50. Rather, the law requires property to be divided “equitably.” Many cases are resolved with 60/40, 70/30 splits and some even allocate ALL marital property to one spouse.

Does it matter who files for divorce first in Illinois?

From a legal standpoint, therefore, there is little official advantage to filing for divorce before your spouse does. The decision to file a petition for divorce first could have other effects, though. To learn more about the divorce process in Illinois, contact an experienced DuPage County family law attorney today.

Who pays attorney fees in divorce in Illinois?

Generally, Illinois law does not require that attorneys’ fees be paid by one spouse or the other. However, there are situations in which a court may step in and award attorney fees to a spouse, especially if the financial situation in the marriage is significantly lopsided.

How long is the divorce process in Illinois?

Uncontested divorce takes as little as two weeks to two months, while contested divorce takes as long as 18 to 30 months depending on the issues involved.

How do you qualify for alimony in Illinois?

In Illinois, to be eligible for alimony, spouses must have been legally married. Either husband or wife can qualify for alimony. A divorcing spouse in Illinois who is not self-supporting or cannot maintain a reasonable standard of living by themselves during or after a divorce can petition to the court to receive.

Is alimony mandatory in Illinois?

Like most states, Illinois generally requires a monthly payment of alimony. Typically, the court will issue an income withholding order to the paying spouse’s employer.

How long can you get alimony in Illinois?

Permanent Alimony (Indefinite Alimony) Under the Act, permanent or indefinite alimony is only available in divorces involving marriages 20 years in duration or longer.

How does adultery affect divorce in Illinois?

The state of Illinois does not accept adultery as a reason to file for divorce. Usually, there is no need to demonstrate that irreconcilable differences exist, and a divorce will be granted if both spouses agree to end the marriage.

Is adultery a crime in Illinois?

What many fail to realize about adultery is that in Illinois, it is considered against the law and can result in legal repercussions. Illinois is one of 18 states that have made adultery a crime.