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Common Questions

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RESIDENCY REQUIREMENTS

In order to file for divorce in the State of Illinois, the filing spouse must have resided in the state for at least 90 days.

GROUNDS

Illinois recognizes no-fault grounds for divorce, including irreconcilable differences or living separately without cohabitation for two years. If the divorce is uncontested , the period of time that the parties would have to live separately is six months.

Illinois also recognizes adultery, bigamy, impotence, conviction of a felony, infection of the other spouse with a sexually transmitted disease, or willful desertion for one year as grounds for a fault divorce.

CHILD CUSTODY

In the State of Illinois, the parties may agree to either joint or sole legal and physical custody of their children. Legal custody gives a parent the right to participate in decision-making involving the children. The court may award either joint or sole legal custody in a contested dissolution. The court will also determine physical custody arrangements.

The court shall determine custody in accordance with the best interests of the child, keeping the wishes of the child’s parent and the child in mind. The court also takes into consideration the bond between the parent, child and any siblings, as well as the child’s adjustment to home and school, and the mental and physical health of all parties involved.

CHILD SUPPORT

Illinois’ child support guidelines apply in virtually every case, unless special circumstances are present. Both parties gross incomes and certain child related expenses are taken into consideration when calculating child support. Child support will continue until the child reaches eighteen years of age, or until the child graduates from high school, whichever occurs later, and may be extended through secondary education.

VENUE

The divorce should be filed in the county where either the petitioner or the respondent resides.

MEDIATION

Mediation is strongly encouraged in the State of Illinois.

FILING FEES

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.

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