Frequently Asked Questions About Divorce

Q: Do I need to show grounds to get a divorce?

A: In Illinois there are provisions for no-fault, mutual consent and fault divorce. Grounds for divorce may include: irreconcilable differences, natural impotence, bigamy, adultery, desertion, “habitual drunkenness or drug use,” attempt on the life of the other spouse, physical cruelty, mental cruelty, conviction of a felony and infection of the other spouse with a sexually transmitted disease.

Q: Does Illinois recognize common law marriage?

A: No. Illinois stopped recognizing common law marriages in the 1920s.

Q: What is Legal Separation?

A: Legal separation is a circumstance where the parties have decided for a variety of reasons, to live separate and apart from their spouse. A legal separation offers many of the same benefits and protections as divorce, such as: child custody agreements and support, spousal maintenance and debt division. In addition, separated spouses can protect themselves from any debt or liability incurred by their estranged spouse as of the date of separation.

Q: What is an “equitable distribution” of assets and debts?

A: It is important to remember that equitable does not necessarily mean equal. The court will take into account including the contributions of each spouse to the family, the value of each spouse’s non-marital property, the economic circumstances of the spouses, the length of the marriage, age and health of the spouses, occupations and sources of income, employability, the couple’s liabilities and debts, tax implications, the terms of any prenuptial agreements, and any support awards.

Q: What is Marital Property?

A: Marital property for purposes of equitable distribution in a divorce includes all of the property acquired by either of the spouses after the marriage. There are some exceptions for gifts or inheritance specifically given to one spouse.

Q: How is child custody determined in a divorce?

A: Either parent can petition the court for custody of a child. If the parents cannot agree on custody, the court will decide, basing its determination on the "best interest of the child."

Q: What if I have to move to another state or I lose my job?

A: The law recognizes that circumstances change. When one parent wants to move to another state, either with or without the children, or a change in job status requires an adjustment of support obligations, a modification can be sought to the custody or support agreement. To obtain a modification, you usually need to show a “substantial change in circumstances.”