Going through a divorce is never easy. But if you live in Illinois, it’s important to be aware of Illinois divorce laws before going deep into the proceedings. There are certain eligibility requirements one must meet to even file for divorce. In most cases, you’d need grounds for divorce such as adultery or felony conviction. Furthermore, Illinois courts divide marital property as it deems fair. But this doesn’t always mean an even split. Divorce can mean a period of great mental anguish, but it doesn’t need to be hard on your bank account. This article will cover how Illinois divorce laws apply to all possible situations and allow you to be better informed so you can plan accordingly. And if you want extra guidance, consider linking up with a financial advisor in your area to help advise you about divorce laws in Illinois.
How to File for Divorce in Illinois
Eligibility
Illinois divorce laws state an individual must have been a state resident for at least 90 days before filing for divorce. The plaintiff (person filing) can file for divorce at the circuit court in the county where either spouse resides.
Process for a Divorce
Once a spouse has valid grounds for divorce or reasons for an exception under Illinois divorce laws, that spouse can file for divorce. The plaintiff can deliver the official Petition for Dissolution of Marriage to the defendant. The defendant has 30 days after being served to make a response.
How to Split Up Assets During a Divorce in Illinois
Under divorce laws in Illinois, financial assets such as brokerage accounts along with other investments and physical entities such as a house fall under the scope of property. But before a judge moves forward with splitting up this property, the court must determine what category the property falls under. Marital property belongs to both spouses. Separate property belongs to an individual.
Generally speaking, Illinois divorce laws define marital property as property acquired or earned during the marriage. Separate property covers what each spouse acquired or earned individually before the marriage. This includes gifts or inheritance money passed down from one person to an individual spouse.
However, separate property can turn into marital property. For example, when one spouse deposits inheritance money into a joint bank account under the names of both spouses, that money becomes marital property.
But after the court distinguishes between marital and personal property, the judge moves forward with breaking up marital property.
Under Illinois divorce laws, a judge will divide marital assets and physical property based on equitable distribution. This means the court will split property fairly. Keep in mind that this does not mean a straight 50/50 division based on the value of property and assets. Instead, the judge will weigh certain factors. We have listed some examples below:
- Contribution of each spouse to the increase or decrease in value of marital property
- Length of the marriage
- Financial resources of both parties
Unlike with some states, however, misconduct in the marriage will not be among these factors. So if one spouse committed adultery, that doesn’t give the plaintiff a bigger stake in the marital property.
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