Illinois Divorce Attorney Focused on Men's Family Law

What are the grounds for filing for divorce in Illinois?

• 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 two years;
• Gross habits caused by the excessive use of addictive drugs for two 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 sexually transmitted disease;
• The parties have lived separate and apart for a continuous period in excess of 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 attempts at reconciliation would be impracticable and not in the best interests of the family; or
• The parties have lived separate and apart for a continuous period of at least six months prior to the entry of judgment dissolving the marriage, and both parties agree to waive the two-year requirement.

How much will my divorce cost?

The cost of your divorce will depend on the nature and complexity of your case. Costs include legal fees, court costs, costs of document production, and depositions. As the issues that develop during a case will affect what is required to successfully litigate your case, it is impossible to predict exactly how much it will cost at the start of your case.

Simple uncontested cases will be less expensive, while more complex, adversarial cases will cost more. The less that is in dispute, the less you will spend in attorney’s fees and costs. On the other hand, if there is a strongly contested issue, you may incur additional costs and fees associated with property valuations, custody evaluations or appointment of a Guardian ad Litem for the children.

Can I annul my marriage?

Yes, in certain circumstances. In Illinois, an annulment is called a "declaration of invalidity of marriage." It is a court order declaring that a marriage is not valid, and therefore should not be recognized by the state. An annulment is different from a divorce because a divorce is an order ending a valid marriage.

In Illinois, a marriage can be annulled if:

• One of the parties to the marriage lacked capacity to consent to the marriage because she or he suffered a mental disability, was under the influence of alcohol or drugs, or entered into the marriage by force, duress or fraud;
• One of the parties is not capable of sexual intercourse and the other party did not know of the incapacity at the time of the marriage;
• One of the parties is less than 18 years old and did not have the consent of his or her parents or guardian, or judicial approval; or
• The marriage was prohibited by law.

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Who will get custody of our child?

The court determines custody according to the “best interest of the child” standard. In making this decision, the court should consider the following factors, no one of which is controlling and not all may have equal significance in a given case:

• The wishes of the parents;

• The wishes of the child, depending on the child’s age, maturity and education;

• The child's interaction with the parents;

• The child's adjustment to home, school and community;

• The mental and physical health of all parties;

• Any past and ongoing acts of violence by a parent against the other parent or a child;

• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

Can a parent refuse visitation?

No. A parent cannot deny visitation if child support is not paid. Likewise, child support cannot be withheld if visitation is denied. If a parent denies visitation or withholds child support, he or she can be held in contempt of court.

When can I modify custody?

Unless agreed upon by the parties, a motion to modify a custody judgment in Illinois may not be made earlier than 2 years after the date it was entered, unless the party seeking to modify custody can show that the child’s present environment may seriously endanger his/her physical, mental, moral, or emotional health.

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