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Illinois Divorce Basics
1. Grounds for divorce
In Illinois, there are several grounds for divorce; the most
common are listed below:
Irreconcible differences (also known as "no fault")
Mental cruelty
Physical cruelty
Adultery
Abandonment
Because Illinois is a "no fault" state, the grounds for divorce
do not effect property division. For example, even if you prove your
spouse was cheating on you, you will not get a greater share of the marital
property.
2. Alternatives to Divorce
A. Legal Sepearation. Very similar to a divorce, but the parties remain
legally married. Child support or maintenance/alimony is available, but
marital property is usually not divided.
B. Annulment. A declaration that the marriage is invalid. Child custody,
support and division of marital property still applies.
3. Property Division
Illinois courts divide martial property and debt based upon what it believes
to be fair. Marital property is any property or debt acquired during the time
that a couple is married (certain exceptions may include gifts or inheritances.)
Complications may arise when one or both spouses earn a
high income or own a business.
For more information on Illinois divorce, please fill out the form on the right.
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