Statutory Reference to Illinois Compiled Statutes Annotated:

Divorce: 750 I.L.C.S. § 5/401

Property Division: 750 I.L.C.S. § 5/503

Alimony: 750 I.L.C.S. § 5/510

Custody: 750 I.L.C.S. § 5/602

Visitation: 750 I.L.C.S. § 5/606

Child Support: 750 I.L.C.S. § 5/505

 

Residence:

The complainant must live in the jurisdiction for ninety days prior to the filing of the complaint.

 

Grounds:

The parties have lived separate and apart for two years, or for six months by agreement, and irreconcilable differences cause the irretrievable breakdown of the marriage.

Fault grounds are impotency, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for two years, an attempt to take the life of the other, physical or mental cruelty, conviction of a felony or other infamous crime, infecting the other with a sexually transmitted disease.

 

Distribution of Property:

Equitable distribution of marital property upon divorce, without regard to marital misconduct, based on dual classification of property.  Marital property is property acquired during the marriage, except the following which is non-marital property:  (1) property acquired by gift, bequest, devise, or descent; (2) property acquired in exchange for property acquired before the marriage, or in exchange for property acquired by gift, bequest, devise, or descent; (3) property acquired after a judgment of legal separation; (4) property excluded by valid agreement of the parties; (5) any property obtained by judgment awarded to a spouse from the other spouse; (6) property acquired before the marriage; (7) increase in the value of property acquired before marriage; (8) income from property listed in 1-7 if income is attributable to nonmarital efforts. 

All other property acquired during the marriage is assumed to be marital property, which shall be divided equitably, considering (1) the contribution of each party in acquisition of marital property; (2) dissipation of property; (3) value of separate property; (4) duration of the marriage; (5) relevant economic circumstances of each spouse; (6) obligations and rights from previous marriages; (7) antenuptial agreement of the parties; (8) age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs of the parties; (9) custodial provisions for children; (10); whether alimony is awarded; (11) reasonable opportunity of each spouse to acquire capital; (12) tax consequences to each party. 

 

Alimony/Spousal Support:

The court may award rehabilitative, periodic, or permanent maintenance, without regard to marital misconduct.  Twelve factors are listed to be considered by the court, the most important of which are the income and property of each party, and the needs of each party.  Maintenance shall terminate on cohabitation.

 

Child Custody/Visitation:

There is no presumption for or against joint custody.  Custody shall be awarded on the best interests of the child, considering the parents' and the child's wishes.

 

Child Support:

Child support guidelines are statutory, based on a flat percentage of income model based on net income.