• Illinois considers a child's preferences when determining custody.proud parents image by Robert Kelly from Fotolia.com
  
  Illinois residents filing for divorce must deal with a series of issues, including property distribution and alimony. Couples with children must also resolve custody, child support and visitation rights. While divorce can be a traumatic experience, Illinois couples aware of the state's laws can complete the process quickly and avoid unnecessary stress for themselves and their children.
  
  

Residency Requirements

• Illinois residents wishing to file for divorce must have lived in the state for at least 90 days before filing, including military personnel stationed in Illinois. The person filing for divorce must file in the county where he or she currently lives. If both spouses live in Illinois, they may file in the county of residence of either person.
  
  

Types of Divorce

• Illinois allows for two types of divorce. A no-fault divorce may be filed when the couple live separately for at least two years and cannot reconcile. A fault divorce is filed if the actions of one person leads to the end of the marriage. These actions include impotence; bigamy; adultery; willful desertion for at least one year; drug or alcohol abuse for at least two years; physical or mental abuse; conviction of a felony; or one spouse infecting the other with a sexually transmitted disease.
  
  

Child Custody

• Illinois courts determine sole custody of a child after considering the parents' wishes; the child's wishes; the child's relationship with both parents; mental and physical health of the child and both parents; threat of abuse by either parent; and the willingness of each parent to involve the other parent in the child's life. Joint custody is also based on these guidelines, as well as whether a parent is a convicted sex offender. Illinois does not consider marital conduct when determining custody.
  
  

Child Support

• Illinois will order a parent without custody to pay child support when necessary. Illinois typically uses the Percentage of Income formula to determine child support amounts. This formula calculates a percentage of the noncustodial parent's income based on the number of children requiring support. The court may choose to calculate child support independently of the POI formula. In these cases, the court considers financial resources; needs of the child and the parent; standard of living established during the marriage; and the financial needs of the noncustodial parent.
  
  

Visitation Rights

• Illinois grants noncustodial parents the right to reasonable visitation of their children, such as overnight and weekend visits. Courts determine reasonable visitation based on the age of the children and visitation circumstances. In cases of abuse, the court may restrict the visitation privileges of one parent. Examples of restrictions include no overnight visits, visitation in the custodial parent's home or supervised visits. Grandparents and great-grandparents may also file for visitation rights.