Legal Question in Family Law in Illinois

Re: He filed for divorce

To answer your questions in the order received:

"What does the last one mean, equity?"

This is a standard paragraph "catch-all" phrase that is added in the prayer for relief so as to make sure that nothing is left out.

Do i have to pay him alimony if he could get a job, and has the same level of eduation?

Alimony is not automatic. The judge will weigh the circumstances as set forth in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) to determine if alimony is appropriate in your case. Because he does not have a job and assuming that he is not physically or mentally disabled, you could ask the judge with a proper motion to force your husband to get a job.

By IL don't we have to live separately for 2 years or 6 months if the parties agree to the divorce. If this is true what do i have to do to get the 2 years living apart?

By Illinois law, you are correct, that to satisfy the no-fault grounds of irreconciliable differences, 2 years is required which can be reduced to 6 months if both parties agree. HOWEVER, you also stated that mental cruelty is also mentioned which there is no time requirement that must be met pursuant to statute.

Hopefully this helps in your situation. Should you require legal assistance, please do not hesitate to contact me at my office 847-489-2248.

Michael Przybylski

Attorney at Law

Re: He filed for divorce

I've read the answer by attorney Michael Prybylski and he is correct. I won't repeat his answer here. Please permit me to comment on a couple of other things:

Don�t be surprised about the statement �extreme and repeated mental cruelty.� That�s the language from the Illinois statute, and some attorneys follow the practice of using the statutory language when they draft a petition for dissolution. Alleging �mental cruelty� would have been enough in as much as one �need only allege the name of the particular grounds relied upon which shall constitute a legally sufficient allegation�; 750 ILCS 5/403(a)(3).

Generally, �equity� means fairness. Illinois divorce courts are empowered to do what is fair, so it is very often included among the prayers for relief in dissolution petitions.

The �separate and apart� requirement for a no-fault (�irreconcilable differences�) divorce does not mandate a physical distance. It is up to the discretion of the trial court to determine whether parties exist "separate and apart" and the court may look to whether the parties meaningfully communicate as husband and wife, whether they had ended regular marital relations, whether they act as independent person in many or most communal activities, etc.

With regard to the thirty day answer or appear requirement of the summons, the 2-year (or six-month) period of being "separate and apart" is measured from the day of judgment (the end of the case) not the day the case was filed.