Michael E. Byczek, Attorney at Law

		The Basics of Divorce Law The term “Dissolution of Marriage” is used in Illinois instead of divorce for legal purposes. There are three different types of divorce in illinois: Fault, No-Fault, and Joint Simplified. Fault The party who files the petition must prove grounds for divorce. - extreme and repeated physical or mental cruelty - adultery - habitual drunkenness for two years - gross and excessive drug use for two years - convicted of felony or infamous crime - attempted to kill spouse by poison or malice - infected spouse with STD - willfully deserted or absent for one year - naturally impotent at time of marriage - multiple spouses No Fault A divorce will be granted if the parties live separate and apart for two years (six months if both agree). Additionally, the parties must show that irreconcilable differences have caused the irretrievable breakdown of the marriage and the court must determine that efforts at reconciliation have failed or future attempts are impracticable and not in the best interests of the family. This is an example of an “uncontested” divorce. Joint Simplified This is the quickest way to get divorced, with a judgment possible the same day. However, there are several rules. - separated for at least six months - neither dependent on the other and waive right to support - irretrievable differences - no children - no real estate - marriage lasted less than eight years - total market value of all marital property is under $10,000. - combined gross annualized income is under $35,000 - neither spouse has income over $20,000. - all assets and tax returns have been disclosed for entire duration of marriage - written agreement on how to distribute assets over $100 and allocate debts Property Distribution Upon Divorce Marital Property will be distributed based on economic and financial criteria. Typically, the agreed upon distribution should be equal. Even if one spouse was guilty of fault-based grounds for divorce (i.e. adultery or mental cruelty), a court will still seek an equitable distribution of property. The most complicated part of dividing property is how to share retirement benefits. This requires what is called a QDRO (Qualified Domestic Relations Order) Copyright © 2008-2009. Michael E. Byczek. All Rights Reserved.