Dating during divorce illinois
[Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 404 and 401.1]PROPERTY DISTRIBUTION: Illinois is an equitable distribution state, meaning that marital property shall be divided equitably, not necessarily equally.
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The proceedings shall be had in the county where the plaintiff or defendant resides.
[Based on Illinois Compiled Statutes 750 - Chapter 5 - Sections: 104 and 401]LEGAL GROUNDS FOR DIVORCE: No Fault: That the spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.
If the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court.
Fault Grounds: The following grounds for dissolution exist if, without cause or provocation by the petitioner:[Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 401]LEGAL SEPARATION: Any person living separate and apart from his or her spouse without fault may have a remedy for reasonable support and maintenance while they so live apart.
Such action shall be brought in the circuit court of the county in which the respondent resides or in which the parties last resided together as husband and wife.
In the event the respondent cannot be found within the State, the action may be brought in the circuit court of the county in which the petitioner resides.
Commencement of the action, temporary relief and trials shall be the same as in actions for dissolution of marriage.
A proceeding or judgment for legal separation shall not bar either party from instituting an action for dissolution of marriage, and if the party so moving has met the requirements of Section 401, a judgment for dissolution shall be granted.
[Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 402]MEDIATION OR COUNSELING REQUIREMENTS: If the court concludes that there is a prospect of reconciliation, the court, at the request of either party, or on its own motion, may order a conciliation conference.
The conciliation conference and counseling shall take place at the established court conciliation service of that judicial district or at any similar service or facility where no court conciliation service has been established.
In an action for dissolution of marriage involving minor children, or in a post-judgment proceeding involving minor children, the court may on its own motion order the parties, excluding the minor children, to attend an educational program concerning the effects of dissolution of marriage on the children, if the court finds that it would be in the best interests of the minor children.