Here are the Illinois Compiled Statutes that will govern your Bloomington Illinois Divorce:
Bloomington Illinois Divorce Laws
Overview of Illinois divorce laws for people considering a divorce in Bloomington Illinois or filing a Bloomington Illinois divorce with issues to be resolved about child custody, child support, visitation and alimony.
Illinois Divorce Residency Requirements
In order to file your Petition for Dissolution of Marriage in Illinois, you must make sure the Circuit Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Illinois residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 104 and 401).
Illinois Grounds for Divorce
The Petition for Dissolution of Marriage is the initial document filed with the Illinois court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.
The grounds for dissolution of marriage are as follows:
No-Fault Based Grounds:
Living separate and apart for a continuous period of at least two years and irreconcilable differences are deemed to have caused the irretrievable breakdown of the marriage.
Fault Based Grounds:
(1) Impotence; (2) Previosly married and never divorced; (3) Adultery; (4) the respondent has wilfully deserted or absented himself or herself from the petitioner for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation;( 5) Habitual drunkenness for at least two years; (6) Drug addiction for at least two years (7) Repeated and extreme physical or mental cruelty (8) Felony conviction or imprisionment (9) Infection with a sexually transmitted disease. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 401).
Illinois Simplified Divorce Procedures
Marital settlement agreements are specifically allowed and encouraged [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 502]. In addition, Illinois has an approved "Joint Simplified Dissolution" procedure and petition found in 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 452. To use this simplified procedure: (1) the spouses must not have been married over 5 years; (2) the spouses must neither have had nor adopted any children; (3) the wife cannot now be pregnant by the husband; (4) neither spouse can own any real estate; (5) both spouses must certify that neither is dependent on the other for support [or must waive any type of alimony]; (6) the market value of all marital property must be less than $5,000.00; and (7) the combined gross annual income of both spouses must be less than $25,000.00. Forms are available at any Office of the Clerk of a Circuit Court.
Illinois Property Division Factors
In Illinois, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Circuit Court within the Judgment for Dissolution of Marriage.
Illinois is referred to as an "equitable distribution" state. When the parties are unable to reach a settlement, the Circuit Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Circuit Court to be fair.
Upon the termination of any marriage, the court shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors, including: (A) the contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit; (B) the dissipation by each party of the marital or non-marital property; (C) the value of the property assigned to each spouse; (D) the duration of the marriage; (E) the relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children; (F) any obligations and rights arising from a prior marriage of either party; (G) any antenuptial agreement of the parties; (H) the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties; (I) the custodial provisions for any children; (J) whether the apportionment is in lieu of or in addition to maintenance; (K) the reasonable opportunity of each spouse for future acquisition of capital assets and income; and (L) the tax consequences of the property division upon the respective economic circumstances of the parties. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 503)
Illinois Spousal Support/Maintenance/Alimony Factors
In Illinois the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:
Without regard to marital misconduct, the court will award maintenance in a lump sum or for a fixed or indefinite period of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including: (A) the income and assets of each party; (B) the financial needs of each party; (C) the earning capacity of each party; (D) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; (E) the time necessary for the receiving party to seek employment (F) the standard of living established while married; (G) the length of the marriage; (H) the age and health condition of both parties; (I) the tax ramifications of the property award upon the respective economic circumstances of the parties; (J) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; (K) any valid mutual agreement of the parties; and (L) any other factor that the court expressly finds. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 504).
Illinois Child Custody Factors
In Illinois, the court shall consider all relevant factors without regard to gender including:
(A) the wishes of the child’s parent or parents as to his custody;
(B) the wishes of the child as to his custodian;
(C) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child’s best interest;
(D) the child’s adjustment to his home, school and community;
(E) the mental and physical health of all individuals involved;
(F) the physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
(G) the occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person; and
(H) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 602, 603 and 610).
Illinois Child Support Factors
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official guidelines are not appropriate, the following factors are considered: (1) the financial resources and needs of the child; (2) the standard of living the child would have enjoyed if the marriage had not been dissolved; (3) the physical and emotional conditions and educational needs of the child; and (4) the financial resources, needs, and obligations of both the noncustodial and the custodial parent. The court may require support to include payment of a child’s health insurance premium. Support payments may be ordered to be paid directly to the clerk of the court. There are official guidelines for the amount of support contained in the statute. Illinois Driver’s licenses may be revoked if child support obligations are not met. [625 Illinois Compiled Statutes Annotated; Chapter 5, Sections 7-703 and 750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 505, 505.2, and 507].