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Illinois Legal Requirements for Divorce
Explanation of Chart and More Information on Requirements for Divorce
| Code Section | 750 ILCS 5/401, et seq. and 5/451 et seq. |
| Residency Requirements | One spouse must be resident of Illinois for 90 days before commencing action. |
| Waiting Period | Final when entered subject to right of appeal. |
| 'No Fault' Grounds for Divorce | Irretrievable breakdown; separation (2 yrs.). Note: Under certain conditions, parties may file joint petition for simplified dissolution. |
| Defenses to a Divorce Filing | Collusion. |
| Other Grounds for Divorce | Adultery; cruelty or violence; willful desertion for 1 yr.; drug/alcohol addiction for 2 yrs.; impotency; unexplained absence; conviction of crime; venereal disease; 2 yr. separation by irreconcilable differences; undissolved prior marriage, attempted murder of spouse. |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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