Things You Should Know About Filing for Divorce in Illinois
The decision to end a marriage is not one that couples come to lightly. After all, you at one point vowed to spend the rest of your life with the person you now want to separate from. The process of getting a divorce can be difficult emotionally. However, it is important to keep your head and make decisions that will ensure your legal rights are protected.
If you’re filing for a divorce in Illinois, the following are some things about divorce laws in the state that you should know.
1. Illinois is a no-fault state
Illinois applies no-fault divorce laws. This means that married couples can get a divorce for any reason. They can also get a divorce without having to state the reason for the divorce. Therefore, you are not required to provide evidence that your spouse committed a fault such as adultery or habitual drunkenness to get a divorce. Couples in Illinois can seek a divorce on the grounds that their marriage is broken beyond repair, i.e. the two have irreconcilable differences.
The court will generally not question your choice to get a divorce, especially if the spouses disagree over whether to end the marriage or not. This is enough evidence of the irreconcilability of the marriage.
2. One of the spouses must have been a resident of the state
You can only file for a divorce in Illinois if you or/and your spouse have been living in Illinois for at least 90 days prior to filing for the divorce. If you have moved to the state recently and are thinking of filing for a divorce, you should talk to a divorce lawyer to get the process started. Preparing for the divorce process can take a long time. You can ensure the divorce process goes faster and smoother by beginning preparations early and filing as soon as you are eligible to do so.
3. There is no waiting period
Some states require a waiting period between the time you file for your divorce and the date on which your divorce can be made final. This period is given to resolve any issues between you and your spouse. There is no such requirement under Illinois divorce laws. If you and your spouse are ready to separate and have resolved any issues such as division of assets and custody, you can get your divorce finalized on the same day that you go to court.
4. Prenuptial and post-nuptial agreements are recognized by state law
Illinois law recognizes both pre-nuptial and post-nuptial agreements. If either you or your spouse signed such agreements, they will have an impact on your divorce and its outcome. You should therefore revisit these agreements and consider their implications before you decide on how to tackle your divorce. Discuss the agreements with a divorce lawyer to determine what to do.
Divorce is a complicated process even in the most uncomplicated circumstances. There are various factors that must be considered.