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DISSOLUTION OF MARRIAGE
What Is Dissolution Of Marriage?
A dissolution of marriage is a court proceeding that terminates a
marriage, divides marital property between the husband and wife and
provides for maintenance, child custody and child support. "Dissolution
of Marriage" is the legal term for a divorce.
How Do I Obtain A Divorce In Illinois?
Either the husband or wife must reside in the State of Illinois when
suit is filed and for 90 days prior to the date the court enters a
judgment of dissolution of marriage or legal separation.
What Are Grounds For Dissolution Of Marriage?
Grounds for Dissolution of Marriage are elements that the court
must find to grant a divorce by finding fault on the part of one of the
parties. The grounds for dissolution of marriage in Illinois are any
one of the following:
- Extreme physical (2 acts) or mental cruelty
- Desertion (one year or more)
- Adultery
- Impotence at time of marriage
- Prior existing marriage
- Habitual drunkeness or drug use (2 years or more)
- Attempt to take spouse's life
- Conviction of a felony
- Infection of spouse with venereal disease
An additional basis for obtaining a dissolution of marriage
has been in place in Illinois since 1984 and is the so-called
"no-fault" separation. The parties must have lived separate and apart
continuously for a period in excess of two years and irreconcilable
differences must have caused an irretrievable breakdown of the marriage
so that future attempts at reconciliation are not practicable and not
in the best interest of the family. The court can grant a no-fault
dissolution after a six-month separation of the parties if it is agreed
to upon in a signed written document that is presented to the court.
What Happens In A Proceeding For Dissolution Of Marriage?
- An action for dissolution is similar to other lawsuits. A document
called a petition is filed with the court clerk in the appropriate
county. The petition states the reasons (grounds) for the dissolution.
The spouse who files the petition is called the petitioner. The
petition may be served by the county sheriff on the other spouse. The
spouse being served is called the respondent. In that case, the
respondent must file an answer to the petitioner with the clerk of the
court within thirty days after he or she is served with the petition.
If the respondent cannot be found, notice of the suit can be published
in the local newspaper. If the respondent fails to answer within thirty
days, the dissolution may proceed by default without the respondent
having an opportunity to protect his or her rights. In certain cases, a
petitioner will answer the petition without being formally served by
the county sheriff.
- If the respondent is in default, or if the parties have agreed
to the terms of support, custody, and property division, a brief court
hearing called a "prove-up" is held in which the petitioner testifies.
If the dissolution is contested, the question of grounds is tried first
and the respondent can offer proof in opposition to the dissolution.
- If the Court finds that the petitioner has grounds for
dissolution, a separate trial is held to determine any unresolved
questions of support, custody, maintenance, property division, and any
other relevant matters. If the parties reach an agreement on these
issues, the second trial is not required. The agreement is submitted to
the court for approval and then becomes part of the final judgment.
© 2007 Joseph M. Lucas & Associates, L.L.C. |
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