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DIVORCE

Bigamy

Statute

750 ILCS 5/305
Three elements are required to be a putative spouse:

  • A marriage ceremony,
  • Cohabitation, and
  • a Good faith belief (s)he is legally married.

A putative spouse acquires the same legal rights as a legal spouse, including maintenance, even if the marriage is prohibited by 750 ILCS 5/212, or invalidated by 750 ILCS 5/301.

The status of putative spouse is eliminated by the knowledge of the fact that (s)he is not legally married, and no further acquisition of spousal rights is permitted.

If there is a legal spouse, or another putative spouse, the rights acquired by the putative spouse do not supersede the rights of the legal spouse, or other putative spouse. The court will apportion property, maintenance, and support rights as appropriate under the idea of justice.

Common-Law Marriage

  • Not valid in Illinois if entered into after June 30, 1905.
  • If a marriage is valid in the state in which it was entered, it will be valid here, unless the marriage was intended to circumvent Illinois law.

    • Dissolution/Divorce

    Statute

    750 ILCS 5/401 et seq.

    Overview

    Under the Illinois Marriage and Dissolution of Marriage Act, a person who meets certain requirements can cause the marriage to be dissolved.  There are grounds for dissolution that are based upon fault or upon irreconcilable differences between the parties.  In addition, under certain circumstances parties wishing to divorce can take advantage of the joint simplified dissolution procedure. 

    Residency Requirements

    One spouse must be a resident in Illinois for 90 days preceding a finding of dissolution of the marriage. (5/401(a)).  Thus, you can file for dissolution before you have lived in Illinois for 90 days. Residency meets the jurisdictional requirements for a judgment of dissolution, and personal jurisdiction over the other party is not required.

    Grounds

    Fault 

    750 ILCS 5/401(a) (1)

  • Impotence at the time of the marriage and thereafter.
  • Bigamy.
  • Adultery committed subsequent to the marriage.
  • Willful desertion or absenting for one year.
  • Habitual drunkenness for a period of 2 years.
  • Gross habits caused by the excessive use of addictive drugs for 2 years.
  • Attempt on the other spouse’s life.
  • Extreme and repeated physical or mental cruelty.
  • Conviction of a felony or other infamous crime.
  • Infection of the other spouse with a communicable venereal disease.

    • No Fault
    5/401(a) (2)
    Can occur in two instances:

  • Parties have lived separate and apart for two years; irreconcilable differences have caused the irretrievable breakdown of the marriage; and the court determines that efforts at reconciliation have failed or that future efforts would be impracticable and not in the best interest of the family.
  • Parties have lived separate and apart for 6 months prior to the entry of judgment dissolving the marriage, and both parties agree to waive the two-year requirement.

    • Procedure

    Commencement
    A dissolution proceeding is commenced by filing a petition for dissolution of marriage or a praecipe for summons in which a petition must be filed within six months.  (5/411 (a))

    Petition requirements

    Petition must set forth at a minimum the following information (5/403 (a) (1) – (6)):

    • The age, occupation and residence of each party and his or her length of residence in this state,
    • The date and place of the marriage,
    • That jurisdictional requirements are met,
    • The names, ages and addresses of all living children of the marriage and whether the wife is pregnant,
    • Any arrangements as to support, custody, and visitation of the children and maintenance of a spouse, and
    • The relief sought.

    Conciliation
    The court at the request of either party or on its own discretion can order conciliation. 5/404(a)

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