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Illinois

Illinois

Illinois

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law

GROUNDS FOR DIVORCE

Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; impotency;unexplained absence; conviction of crime; venereal disease;2-year separation by irreconcilable differences; undissolvedprior marriage.

Residency: One spouse must beresident of Illinois for 90 days before commencing action.

Waiting Period: Final when enteredsubject to right of appeal.

No Fault: Irretrievable breakdown;separation (2 years).

Defenses: Collusion.

Code Section: 750 ILCS 5/401, etseq.

CHILD CUSTODY
Uniform Child Custody Act:1979
Joint Custody:Yes, 750 ILCS 5/602.1
Grandparent Visitation:Yes, 750 ILCS 5/607
Child's Wishes Considered:Yes
Code Section: 750 ILCS 5/601

MARITAL PROPERTY
Community Property: No.

ANNULMENT AND PROHIBITEDMARRIAGE

Grounds: Capacity lacking(infirmity, alcohol, drugs, force, duress, fraud); physicallyincapable of consummating; underage; prohibited.

Time Limitation: None listed.

Legitimacy of Children: Childrenborn of annulled marriage are legitimate.

Prohibited Marriages: Formermarriage undissolved; between ancestor and defendant, brother andsister, uncle and niece, aunt and nephew, first cousins, unlessno change of reproduction.

Code Section: 750 ILCS 5/212, 5/301,5/303

RESOURCES

American Arbitration Association
Chicago Regional Office
225 N. Michigan Ave., Ste. 2527
Chicago, IL 60601-7601
Phone: (312)616-6560
Fax: (312)819-0404
David (Scott) Carfello, Reg. VP

Family Service of Champaign County
405 S. State St.
Champaign, IL 61820
Phone: (217)352-0099
Mellen Kennedy, Director

Gitlin on Divorce: A Guide to IllinoisMatrimonial Law
Butterworth Legal Publishers
289 5th St.
St. Paul, MN 55101
Joseph H. Gitlin. 1991.

Illinois Child Support EnforcementDivision
Department of Public Aid
201 S. Grand Ave. E.
Springfield, IL 62762-0001
Phone: (217)524-4602
Fax: (217)524-4608

Illinois Commission of Bank and TrustCompanies
117 S. 5th St.
Springfield, IL 62701
Phone: (217)785-2837
Free: 800-634-5452
Richard Luff, Commnr.

Illinois Department of Public Health
Division of Vital Records
605 W. Jefferson St.
Springfield, IL 62702-5097
Phone: (217)782-6553
Responds to public inquiries for birth and death records datingfrom 1916 (scattered records back to 1877 are also filed withcounty clerks). State office search fees: $15 for certified copy,$10 for short form copy. Additional copies issued at the sametime are $2 each. For certified copies of marriage records,contact county clerks. For certified copies of divorce decrees,contact circuit clerks. Fees vary. State office has central indexto marriages, divorces, and annulments from January 1, 1962.Charges $5 for index search and verification. For all inquiries,enclose a stamped, self-addressed envelope.

Illinois Insurance Department
320 W. Washington St.
Springfield, IL 62767
Phone: (217)782-4515
Stephen Selcke, Dir.

Illinois Self-Help Center
1600 Dodge Ave., Ste. S-122
Evanston, IL 60201
Phone: (708)328-0470
Daryl Isenberg, Executive Director

Illinois State Bar Association
424 S. 2nd St.
Springfield, IL 62701
Phone: (217)525-1760
Fax: (217)525-0712

Office of Child Support EnforcementRegional Representative (Illinois)
105 W. Adams St., 20th Fl.
Chicago, IL 60606
Phone: (312)353-5926

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