Tuesday, June 3, 2008

Types of Divorce and Grounds for Divorce in Illinois

Simple Divorce (Joint Simplified Dissolution of Marriage):

To qualify for a simple Divorce the marriage cannot exceed eight years in duration. Irreconcilable differences have caused the marriage to breakdown and the parties have been separated for six months (can still be living in the same residence). No children were born of the marriage and neither party depends on the other for support. Neither party has any interest in real estate and each party waives any right to spousal support. The total market value of all marital property is less than $10,000 and the total annual income of both parties is less than $35,000.

If you qualify for a simple Divorce, a Judgment for Divorce can be obtained on the day of filing or within the next several days.
Uncontested Divorce:

In marriages of longer than eight years in duration with children, real estate and assets and income in excess of the simple Divorce minimums, you can obtain a Divorce within a relatively short period of time. This can only be accomplished if the parties are in agreement on all of the issues.
Contested Divorce:

A contested Divorce begins with the Sheriff serving the Petition for Dissolution of Marriage on the other party. An attorney represents each side and there may be temporary child custody, child support and alimony orders. Eventually most of these cases settle with a written agreement after financial investigation, negotiation, settlement conferences and ultimately litigation. A small number of cases are resolved by a contested jury trial.

Contested issues can include but are not limited to:

1. Grounds for the divorce
2. Custody of children
3. Visitation rights
4. Division of assets
5. Child support
6. Maintenance of alimony
7. Payment of family debts
8. Contribution toward education expenses (college or parochial)
9. Payment of health insurance for dependent spouse
10. Distribution of retirement accounts
11. Income tax structuring


An annulment is a legal proceeding to declare the marriage invalid (as if it never occurred). In Illinois, there are a just few grounds to declare a marriage invalid:

1. One of the parties lacked capacity to consent to the marriage at the time of the marriage ceremony because of mental incapacity or if they were under the influence of drugs or alcohol that inhibited their ability to consent; or a party was induced to enter into the marriage by force, duress or fraud involving the essentials of the marriage;
2. A party lacks the capacity to consummate the marriage by sexual intercourse, and the other party did not know of the incapacity;
3. A party was under the age of 18 and did not have parental/guardian consent or judicial approval; or
4. The marriage is prohibited.

The time limit to obtain an annulment depends upon the grounds:

1. Lack of capacity to consent to the marriage: either party may petition, but the petition must be filed no later than 90 days after the petitioner obtained knowledge of the grounds.
2. Inability to consummate the marriage: either party may petition, but the petition must be filed within one year after the petitioner obtained knowledge of the grounds.
3. Underage party: that party or guardian, may petition for annulment prior to the time that underage party reaches the age at which marriage is permitted.

Grounds for divorce

There are 11 grounds for divorce in Illinois:

1. Irreconcilable differences (commonly referred to as “no-fault”)
2. Impotence
3. Bigamy
4. Adultery
5. Desertion
6. Habitual drunkenness for two years
7. Drug addiction for two years
8. Physical cruelty
9. Mental cruelty
10. Conviction of a felony or other infamous crime
11. Infecting the other spouse with a sexually transmitted disease


john said...

nice post.

Divorce said...

Thanks for sharing the information regarding types of divorce,Uncontested divorce is the way most people divorce. It's simple and inexpensive.In a contested divorce,the spouses are unable to come to an agreement on issues such as child custody and division of marital assets.In such situations,the litigation process takes longer to conclude.