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Statutes - CHAPTER 750
Illinois Administrative Code
Divorce Law
(750 ILCS 5/401)
(from Ch. 40, par. 401)
Sec. 401. Dissolution of marriage.
(a) The court shall enter a
judgment of dissolution of marriage if at the time the action was commenced
one of the spouses was a resident of this State or was stationed in this
State while a member of the armed services, and the residence or military
presence had been maintained for 90 days next preceding the commencement of
the action or the making of the finding; provided, however, that a finding
of residence of a party in any judgment entered under this Act from January
1, 1982 through June 30, 1982 shall satisfy the former domicile requirements
of this Act; and if one of the following grounds for dissolution has been
proved:
(1) That, without cause or provocation by the petitioner: the respondent was
at the time of such marriage, and continues to be naturally impotent; the
respondent had a wife or husband living at the time of the marriage; the
respondent had committed adultery subsequent to the marriage; the respondent
has wilfully deserted or absented himself or herself from the petitioner for
the space of one year, including any period during which litigation may have
pended between the spouses for dissolution of marriage or legal separation;
the respondent has been guilty of habitual drunkenness for the space of 2
years; the respondent has been guilty of gross and confirmed habits caused
by the excessive use of addictive drugs for the space of 2 years, or has
attempted the life of the other by poison or other means showing malice, or
has been guilty of extreme and repeated physical or mental cruelty, or has
been convicted of a felony or other infamous crime; or the respondent has
infected the other with a sexually transmitted disease. "Excessive use of
addictive drugs", as used in this Section, refers to use of an addictive
drug by a person when using the drug becomes a controlling or a dominant
purpose of his life; or
(2) 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.
(750 ILCS 5/104) (from Ch. 40, par. 104).
Sec. 104. Venue.) The proceedings shall be had in the county where the
plaintiff or defendant resides, except as otherwise provided herein, but
process may be directed to any county in the State. Objection to venue is
barred if not made within such time as the defendant's response is due. In
no event shall venue be deemed jurisdictional.
(Source: P.A. 82‑716.)
...For
further information, please refer to the Illinois Compiled
Statutes - CHAPTER 750
Overview of the Divorce Process
Domestic Relations in Illinois
Marriage Law & Living Together
Illinois Marriage License Laws
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Child Support
(750 ILCS 5/505) (from
Ch. 40, par. 505)
Sec. 505. Child
support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal separation,
declaration of invalidity of marriage, a proceeding for child support
following dissolution of the marriage by a court which lacked personal
jurisdiction over the absent spouse, a proceeding for modification of a
previous order for child support under Section 510 of this Act, or any
proceeding authorized under Section 501 or 601 of this Act, the court may
order either or both parents owing a duty of support to a child of the
marriage to pay an amount reasonable and necessary for his support, without
regard to marital misconduct. The duty of support owed to a child includes
the obligation to provide for the reasonable and necessary physical, mental
and emotional health needs of the child. For purposes of this Section, the
term "child" shall include any child under age 18 and any child under age 19
who is still attending high school.
(1) The Court shall determine the minimum amount of support by using the
following guidelines:
| Number
of Children |
Percent of Supporting Party's |
|
Net
Income |
| 1 |
20% |
| 2 |
28% |
| 3 |
32% |
| 4 |
40% |
| 5 |
45% |
| 6 or
more |
50% |
(2) The above
guidelines shall be applied in each case unless the court makes a finding
that application of the guidelines would be inappropriate, after considering
the best interests of the child in light of evidence including but not
limited to one or more of the following relevant factors:
(a) the
financial resources and needs of the child;
(b) the financial
resources and needs of the custodial parent;
(c) the standard of living the child would have enjoyed had the marriage not
been dissolved;
(d) the physical and emotional condition of the child, and his educational
needs; and
(e) the financial resources and needs of the non‑custodial parent.
If the court deviates from the guidelines, the court's finding shall state
the amount of support that would have been required under the guidelines, if
determinable. The court shall include the reason or reasons for the variance
from the guidelines.
(3) "Net income" is defined as the total of all income from all sources,
minus the following deductions:
(a) Federal income tax (properly calculated withholding or estimated
payments);
(b) State income tax (properly calculated withholding or estimated
payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by law or as a condition of
employment;
(e) Union dues;
(f) Dependent and individual health/hospitalization insurance premiums;
(g) Prior obligations of support or maintenance actually paid pursuant to a
court order;
(h) Expenditures for repayment of debts that represent reasonable and
necessary expenses for the production of income, medical expenditures
necessary to preserve life or health, reasonable expenditures for the
benefit of the child and the other parent, exclusive of gifts. The court
shall reduce net income in determining the minimum amount of support to be
ordered only for the period that such payments are due and shall enter an
order containing provisions for its self‑executing modification upon
termination of such payment period.
...For further
information, please refer to the
Illinois Compiled
Statutes - CHAPTER 750
Illinois
Child Support Calculator
- by AllLaw.com
Child
Support Explained
Illinois Dept. of Children
and Family Services
Illinois Child Support Enforcement
Child Custody
and Visitation Law
Sec. 602. Best Interest of Child.
(a) The court
shall determine custody in accordance with the best interest of the child.
The court shall consider all relevant factors including:
(1) the
wishes of the child's parent or parents as
to his custody;
(2) the wishes of the child as to his custodian;
(3) the interaction and interrelationship of the child with his parent or
parents, his siblings and any other person who may significantly affect the
child's best interest;
(4) the child's adjustment to his home, school and community;
(5) the mental and physical health of all individuals involved;
(6) the physical violence or threat of physical violence by the child's
potential custodian, whether directed against the child or directed against
another person;
(7) the occurrence of ongoing abuse as defined in Section 103 of the
Illinois Domestic Violence Act of 1986, whether directed against the child
or directed against another person;
(8) the willingness and ability of each parent to facilitate and encourage a
close and continuing relationship between the other parent and the child;
and
(9) whether one of the parents is a sex offender.
In the case of a custody proceeding in which a stepparent has standing under
Section 601, it is presumed to be in the best interest of the minor child
that the natural parent have the custody of the minor child unless the
presumption is rebutted by the stepparent.
(b) The court shall not consider conduct of a present or proposed custodian
that does not affect his relationship to the child.
(c) Unless the court finds the occurrence of ongoing abuse as defined in
Section 103 of the Illinois Domestic Violence Act of 1986, the court shall
presume that the maximum involvement and cooperation of both parents
regarding the physical, mental, moral, and emotional well‑being of their
child is in the best interest of the child. There shall be no presumption in
favor of or against joint custody.
(Source: P.A. 94‑643, eff. 1‑1‑06.)
...For
further information, please refer to the
Illinois Compiled
Statutes - CHAPTER 750
FAQ on Child
Custody and Visitation
Child Custody
Resources
Property
Division
(750 ILCS 5/503) (from
Ch. 40, par. 503)
Sec. 503. Disposition of property.
(a) For purposes of this Act, "marital property" means all property acquired
by either spouse subsequent to the marriage, except the following, which is
known as "non‑marital property":
(1) property acquired by gift, legacy or descent;
(2) property acquired in exchange for property acquired before the marriage
or in exchange for property acquired by gift, legacy or descent;
(3) property acquired by a spouse after a judgment of legal separation;
(4) property excluded by valid agreement of the parties;
(5) any judgment or property obtained by judgment awarded to a spouse from
the other spouse;
(6) property acquired before the marriage;
(7) the increase in value of property acquired by a method listed in
paragraphs (1) through (6) of this subsection, irrespective of whether the
increase results from a contribution of marital property, non‑marital
property, the personal effort of a spouse, or otherwise, subject to the
right of reimbursement provided in subsection (c) of this Section; and
(8) income from property acquired by a method listed in paragraphs (1)
through (7) of this subsection if the income is not attributable to the
personal effort of a spouse.
(b)(1) For purposes of distribution of property pursuant to this Section,
all property acquired by either spouse after the marriage and before a
judgment of dissolution of marriage or declaration of invalidity of
marriage, including non‑marital property transferred into some form of
co‑ownership between the spouses, is presumed to be marital property,
regardless of whether title is held individually or by the spouses in some
form of co‑ownership such as joint tenancy, tenancy in common, tenancy by
the entirety, or community property. The presumption of marital property is
overcome by a showing that the property was acquired by a method listed in
subsection (a) of this Section.
(2) For purposes of distribution of property pursuant to this Section, all
pension benefits (including pension benefits under the Illinois Pension
Code) acquired by either spouse after the marriage and before a judgment of
dissolution of marriage or declaration of invalidity of the marriage are
presumed to be marital property, regardless of which spouse participates in
the pension plan. The presumption that these pension benefits are marital
property is overcome by a showing that the pension benefits were acquired by
a method listed in subsection (a) of this Section. The right to a division
of pension benefits in just proportions under this Section is enforceable
under Section 1‑119 of the Illinois Pension Code.
The value of pension benefits in a
retirement system subject to the Illinois Pension Code shall be determined
in accordance with the valuation procedures established by the retirement
system.
The recognition of pension benefits as marital property and the division of
those benefits pursuant to a Qualified Illinois Domestic Relations Order
shall not be deemed to be a diminishment, alienation, or impairment of those
benefits. The division of pension benefits is an allocation of property in
which each spouse has a species of common ownership.
(3) For purposes of distribution of property under this Section, all stock
options granted to either spouse after the marriage and before a judgment of
dissolution of marriage or declaration of invalidity of marriage, whether
vested or non‑vested or whether their value is ascertainable, are presumed
to be marital property. This presumption of marital property is overcome by
a showing that the stock options were acquired by a method listed in
subsection (a) of this Section. The court shall allocate stock options
between the parties at the time of the judgment of dissolution of marriage
or declaration of invalidity of marriage recognizing that the value of the
stock options may not be then determinable and that the actual division of
the options may not occur until a future date. In making the allocation
between the parties, the court shall consider, in addition to the factors
set forth in subsection (d) of this Section, the following:
(i) All circumstances underlying the grant of the stock option including but
not limited to whether the grant was for past, present, or future efforts,
or any combination thereof.
(ii) The length of time from the grant of the option to the time the option
is exercisable.
(c) Commingled marital and non‑marital property shall be treated in the
following manner, unless otherwise agreed by the spouses:
(1) When marital and non‑marital property are
commingled by contributing one estate of
property into another resulting in a loss of identity of the contributed
property, the classification of the contributed property is transmuted to
the estate receiving the contribution, subject to the provisions of
paragraph (2) of this subsection; provided that if marital and non‑marital
property are commingled into newly acquired property resulting in a loss
of identity of the contributing estates, the commingled property shall be
deemed transmuted to marital property, subject to the provisions of
paragraph (2) of this subsection.
(2) When one estate of property makes a contribution to another estate of
property, or when a spouse contributes personal effort to non‑marital
property, the contributing estate shall be reimbursed from the estate
receiving the contribution notwithstanding any transmutation; provided,
that no such reimbursement shall be made with respect to a contribution
which is not retraceable by clear and convincing evidence, or was a gift,
or, in the case of a contribution of personal effort of a spouse to
non‑marital property, unless the effort is significant and results in
substantial appreciation of the non‑marital property. Personal effort of a
spouse shall be deemed a contribution by the marital estate. The court may
provide for reimbursement out of the marital property to be divided or by
imposing a lien against the non‑marital property which received the
contribution.
(d) In a proceeding for dissolution of marriage or declaration of
invalidity of marriage, or in a proceeding for disposition of property
following dissolution of marriage by a court which lacked personal
jurisdiction over the absent spouse or lacked jurisdiction to dispose of
the property, the court shall assign each spouse's non‑marital property to
that spouse. It also shall divide the marital property without regard to
marital misconduct in just proportions considering all relevant factors,
including:
(1) the contribution of each party to the acquisition, preservation, or
increase or decrease in value of the marital or non‑marital property,
including the contribution of a spouse as a homemaker or to the family
unit;
(2) the dissipation by each party of the marital or non‑marital property;
(3) the value of the property assigned to each spouse;
(4) the duration of the marriage;
(5) the relevant economic circumstances of each spouse when the division
of property is to become effective, including the desirability of awarding
the family home, or the right to live therein for reasonable periods, to
the spouse having custody of the children;
(6) any obligations and rights arising from a prior marriage of either
party;
(7) any antenuptial agreement of the parties;
(8) the age, health, station, occupation, amount and sources of income,
vocational skills, employability, estate, liabilities, and needs of each
of the parties;
(9) the custodial provisions for any children;
(10) whether the apportionment is in lieu of or in addition to
maintenance;
(11) the reasonable
opportunity of each spouse for future acquisition of capital assets and
income; and
(12) the tax consequences of the property division upon the respective
economic circumstances of the parties.
...For
further information, please refer to the
Illinois Compiled
Statutes - CHAPTER 750
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