Annulment: A Declaration of Invalidity of Marriage Petition seeks a judicial ruling that a valid marriage never took place, that the marriage is not legally valid and that the marriage does not legally exist.

Legal Separation: A Legal Separation Petition seeks a judicial ruling that one spouse should pay another spouse child support or spousal maintenance, and distribution of property, without seeking to dissolve the marriage.

Divorce: A Dissolution of Marriage Petition seeks a judicial ruling that severs or dissolves a valid marriage.

The grounds for an Annulment include the following:

1. Consanguinity: The parties are first cousins or closer.
2. Bigamy
3. Age: One party was under the age of legal consent.
4. Mental Incapacity: Due to intoxicating, narcotic substances or mental illness, one party was incapable of comprehending the nature and consequence of the ceremony.
5. Fraud: Fraudulent representations and concealment of specific facts by one party that go to the essence of the marriage;
6. Physical Incapacity: Sexual incapacity of one party that was unknown by the other party. Fraudulent misrepresentation by the incapacitated party is unnecessary.
7. Duress: Factors such as age, mental attitude, physical power, and alleged applications by force must be considered in determining whether one party was forced or coerced by the other party into marriage.

Generally, one who continues to cohabitate, one who ratifies, and one who fails to bring a claim for annulment within 90 days may not assert a claim for mental incapacity, fraud, physical incapacity, or duress.

For Legal Separation, one need not establish grounds. One need only establish that the parties are in fact living apart through no fault of the party who is filing for Legal Separation.

Fault grounds for divorce in Illinois include impotency, bigamy, adultery, desertion for one year, habitual drunkenness or drug addiction for two years, an attempt to take the life of the other, physical or mental cruelty, conviction of a felony or other infamous crime, infecting the other with a sexually transmitted disease.

No fault divorce is available if the parties have lived separate and apart for two years, or for six months by agreement, and irreconcilable differences cause the irretrievable breakdown of the marriage.

Illinois law distinguishes between "marital" and "nonmarital" property. Only marital property is subject to equitable redistribution. The wealth or property acquired after a marriage ceremony is marital property unless:

1. it is acquired by gift or inheritance;
2. it is acquired in exchange for premarital property;
3. it is acquired after legal separation (note that property acquired during physical separation and prior to legal separation is still presumed to be marital property);
4. it is excluded by agreement;
5. it is obtained by judgment against the other spouse;
6. it represents an increase in value of other nonmarital property;
7. it is income from other nonmarital property;
8. for stock options, the work which earned them was performed prior to marriage.

Property acquired before marriage, but in contemplation of marriage is also deemed to be marital property.

During a marriage, marital and nonmarital property is often mixed. Significant "sweat equity" may also be added to increase the value of the nonmarital property. The following principles apply to redistribution at divorce:

1. Conversion by gift: When one spouse makes a gift of nonmarital property to the marriage, the gift is converted to marital property.
2. Contribution and reimbursement: In the clear absence of intent to make a "gift," contributions from nonmarital to nonmarital property, are reimbursable at divorce. However, the increase in value in value and the income received from the mixed property remains marital property.

The above principles of gift, contribution, and reimbursement also apply to transfers from marital property and effort to nonmarital property.

Marital property shall be divided equitably. That is the key standard. The following factors are weighed:

1. the contribution of each party in acquisition of marital property;
2. the dissipation of property by one party;
3. the value of nonmarital property;
4. the duration of the marriage;
5. the relevant economic circumstances of each spouse;
6. obligations and rights from previous marriages;
7. any valid agreement of the parties;
8. the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of the parties;
9. the custodial provisions for children;
10. whether maintenance or alimony is awarded;
11. the reasonable opportunity of each spouse to acquire capital following the divorce;
12. the tax consequences to each party.

One should note that marital misconduct is usually not a relevant factor. It only becomes a relevant factor if it included dissipation of marital property; then equitable principles would favor the innocent spouse.

The best interest of the child govern. That is determined by considering the following factors:

1. the parents' wishes;
2. the child's wishes;
3. the relationships between parents and child;
4. the child's relationship to home, school, and community;
5. the physical health of all;
6. physical violence or the threat thereof;
7. the ability of the parents to cooperate;
8. the residential circumstances of each parent.

As a practical matter, if, and only if, the parents agree, joint child custody may be granted.

There are no formal rules regarding the amount and schedule of visitation. Generally, Courts will permit a nonresidential parent to have parenting time with a child for up to 50% of a child's waking hours. So, parental involvement is encouraged. Nevertheless, there is no formal or legal presumption that necessitates extremely liberal visitation; a nonresidential parent must be prepared to prove it is in the child's best interest.

The best interest of the child governs. The following factors are relevant in determining the best interest of the child:

1. whether the proposed move will enhance the quality of life for the child and custodial parent;
2. whether the proposed move is motivated to frustrate the other parent's visitation;
3. whether the noncustodial parent's objections are motivated by animus for the custodial parent;
4. whether and to what extent realistic, reasonable visitation schedules may be maintained after removal;
5. whether the noncustodial parent has exercised previous visitation rights.

In an adverse proceeding, a party must show that custody should change by "clear and convincing evidence." However, custody may be modified if the parties so stipulate.

1. Custody may be modified if the child suffers endangerment to his physical, mental, and emotional health.
2. After 2 years, custody may be modified if there has been (1) a change in circumstances and (b) it would be in the best interest of the child. The normal custody factors are used.

This burden of proof by the noncustodial parent is far greater than the normal "by the preponderance of the evidence" burden. Even if the same factors are employed as in initial custody proceedings, the noncustodial parent now has the burden of proof, and that burden of proof, "by clear and convincing evidence," creates a clear presumption in favor of the custodial parent.

A grandparent or sibling may petition for visitation if the custodial parent unreasonably denies visitation. ALSO, one of the following tests must be met:

1. The parent related to the grandparent is incarcerated, mentally incompetent, OR dead;
2. The parent related to the grandparent has lost parental rights by judicial act;
3. The parent related to the grandparent has no objection, is divorced or legally separated from the other parent, AND the proposed visitation does not diminish visitation by the unrelated parent;
4. The child resided with the grandparent for more than 6 months OR the grandparent was the primary caregiver at some time during the preceding 2 years.
5. The child is illegitimate and the parents are not living together.

Of course, if the child is illegitimate, the noncustodial father's paternity must be demonstrated. And if the child has been adopted by a new parent, parents of the noncustodial parent may not petition for visitation.

Courts will presume that the custodial parent's decisions are not harmful to the child. A grandparent must prove that the custodial parent's actions are harmful to the child's mental, physical, or emotional health.

In order to assess whether the actions of a custodial parent are harmful to the child, the law created the following factors:

1. The preference of the child.
2. The health of the child.
3. The health of the grandparent.
4. The length and quality of the prior relationship between child and grandparent.
5. The good faith of the grandparent in filing the petition.
6. The good faith of the custodial parent.
7. The quantity of visitation sought, and its effect on the child's customary activities.
8. Whether the child resided with the grandparent for 6 months.
9. Whether the grandparent had frequent and regular contact with the child during the preceding 12 months.

A court is obliged to consider each of the above factors.

The law specifically says that visitation need not include overnight visits or actual possession of the child.

Once visitation has been established, it can not be disturbed for at least 2 years, unless there is serious danger to the child's health.

Once visitation has been established, it cannot be disturbed unless there is "clear and convincing evidence" that a change in circumstances has occurred and that modification is necessary to protect the health of the child.

The law provides guidelines regarding the minimum amount of child support:

Number of Children	Percent of Supporting Party's Net Income
One	20%
Two	28%
Three	32%
Four	40%
Five	45%
six or more	50%

Both parents may be required to pay child support.

Child support is calculated by adding up all sources of income and making the following deductions:

1. Subtract actual federal and state income taxes, not merely withholding.
2. Subtract mandatory retirement contributions and union dues.
3. Subtract Social Security and Medicare taxes.
4. Subtract health insurance premiums.
5. Subtract previously ordered child support and spousal maintenance.
6. Subtract expenses reasonably necessary for the production of income.
7. Subtract expenses (exclusive of gifts) paid for the benefit of the other parent or children; this includes health insurance premiums and medical expenditures.

Marital misconduct is irrelevant in determining the amount of child support. The nature and extent of visitation is irrelevant in determining the amount of child support.

The duty is to pay child support in an amount sufficient to provide for the reasonable and necessary physical, mental, and emotional health needs of children. The best interest of the child is the governing principle.

1. The financial resources and needs of the child.
2. The financial resources and needs of the custodial parent.
3. The standard of living of the child but for the divorce.
4. The physical, emotional, and educational needs of the child.
5. The financial resources and needs of the non-custodial parent.

Child support may be less than the guidelines if the child resides with the parents on a substantially equal basis, if the non-custodial parent is paying significant expenses for the custodial parent, or if the parents split custody of several children.

Generally, child support must be paid until a child reaches majority.

1. A child reaches majority on the 18th birthday, or the 19th birthday if still attending high school.
2. A court may order support after a child reaches majority if the child is disabled.
3. A court may order payment of educational expenses until a child has earned a baccalaureate degree.

To determine whether and the amount to award disabled child support or college educational expenses, a court will consider the financial resources of the parents, the standard of living the child enjoyed before the divorce, the financial resources of the child, and the child's academic performance.

Alimony or maintenance may be awarded on a temporary or permanent basis on consideration of the following factors:

1. The income and property of each party.
2. The needs of each party.
3. The earning capacity of each party.
4. The impairment of earning capacity due to time spent doing domestic duties.
5. The time necessary to increase earning capacity of a party.
6. The marital standard of living.
7. The marriage duration.
8. The age and health of the parties.
9. The tax consequences of other property distribution.
10. The contributions of the party seeking maintenance to the career of other party.
11. Any valid agreement by the parties.

One should note that marital misconduct is not a relevant factor. One will observe that the Court examines the financial situation of both parties.