Chicago Divorce Lawyers Explain Illinois Divorce Law

It is important to understand how the law in our state defines divorce for Chicagoland women and mothers. In Illinois, divorce is legally referred to as a “dissolution of marriage,” and when there is a dissolution of marriage, an Illinois court can divide the marital property and liabilities of a couple, allocate parenting time and parental responsibilities, award child support, and also make the decision to award spousal support if it is considered appropriate. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) (the “Act”) governs divorce proceedings.

Years ago, Illinois divorce law stipulated a number of different “grounds for divorce.” These grounds for divorce included but were not limited to: adultery, impotence, abandonment, alcohol or drug addiction, physical or mental cruelty, or bigamy. These grounds for divorce permitted what was called a “fault-based” divorce in Illinois.

However, Illinois has recognized newer, nationwide trends in divorce law, and, as such, changes to the law resulted in the elimination of all fault-based divorces.