Do I Need a Lawyer to Get Divorced in Illinois?

 Posted on August 25, 2022 in Divorce

The choice to separate from your partner can be an emotional one, and the legal steps necessary following this difficult decision can be overwhelming. While the short answer to the question of whether a lawyer is required to proceed with a divorce is no, a lawyer is not required in the state of Illinois. However, there are certain things to consider, if you and your spouse have children together, you own high-value assets, or you and your spouse are having difficulty settling on the separation agreements, a lawyer is beneficial.

How Do I File for Divorce?

Divorce proceedings differ from state to state. In Illinois, the individual seeking a divorce must file a Petition for Dissolution of Marriage. After the petitioner files the necessary paperwork, their spouse is expected to respond to the petition in order to legally divide child custody, assets, debts, and child support. Those with children will most likely need to file a few additional forms. If the spouse chooses not to respond to the initial petition, there will be a default judgment made by the judge, meaning that property and child custody will be divided without the input of the spouse.

Seek Legal Guidance

If you are struggling with any of the previously mentioned topics, a lawyer is highly recommended. There’s no need to go through the stress of filing for a divorce on your own, and because these obstacles can be difficult to navigate, legal guidance may even be crucial in receiving the best outcome in your settlement.

In cases of child support, the parent who has less scheduled time in the parenting plan often pays child support. An attorney is key in understanding your rights and resolving any child support issues that may arise. Similarly, financial assets may be just as difficult to divide. If you and your spouse have investments, expensive assets, or even own a business together, it’s just as important to understand your rights and the best legal strategy.

In settlements where either or both parties are having trouble coming to an agreement, it’s vital to involve a lawyer. In cases such as this, an attorney may help assist in negotiations or represent you if disagreements escalate to a divorce trial.

Contact Our Kane County Divorce Attorneys

If you need help navigating a divorce, contact The Law Office of Matthew M. Williams, P.C.. Our Aurora family law attorneys are able to provide exceptional legal counsel in issues surrounding family law. Schedule a consultation today by calling 630-409-8184.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59