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Multiple Marriages and Divorces Between the Same Parties
Sometimes once parties are divorced, they remarry.
In the event they remarry, there is a question as to what is marital property and what is non-marital property.
In the event of remarriage, whatever they received in the preceding divorce would constitute non-marital property entering into the subsequent marriage.
In regard to the subsequent marriage, once the next divorce occurs, the Court may divide marital property acquired in the course of the second marriage. However, the Court may not redivide or redistribute property that was acquired prior the first marriage because the first divorce disposed of those issues.
In regard to the second marriage and third divorce, in the third divorce the Court may divide marital property accumulated after the second marriage.
After the third divorce and prior to the fourth divorce, the parties may acquire marital property. In the fourth divorce proceeding, the Court may divide marital property accumulated after the third divorce. The Court may not go back and redivide property that was previously before the Court, and divided, in regard to the first divorce and the second divorce.
After a fourth marriage, the Court, in the fourth divorce, can divide marital property accumulated after the parties were married for a fourth time. The Court may not go back and redivide property that was before the Court and ruled upon in regard to the first divorce, second divorce and the third divorce.
After a fifth marriage, in regard to a fifth divorce, the Court can divide marital property accumulated after the fifth marriage. The Court may not go back and redivide property that was before the Court and ruled upon in regard to the first divorce, the second divorce, the third divorce, and the fourth divorce.
In regard to the first divorce, second divorce, third divorce and fourth divorce, the parties would have received certain property, whether by agreement, or otherwise, pursuant to Court order, and those property issues were adjudicated entering into the fifth marriage between the same parties. Further, there would be a record made in regard to property of either party, prior to or at the time of the first divorce, second divorce, third divorce and fourth divorce, entering into the fifth marriage.
Spouses can file for a no-fault divorce in Illinois, as long as they have lived separate and apart for at least two years and state that irreconcilable differences ended their marriage. This two-year separation period may be waived "upon written stipulation of both spouses, filed with the court."
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