The Illinois Divorce Process

 Posted on December 00,0000 in DuPage County divorce lawyer

Divorce is not an easy process for anyone. It involves serious life changes, and you may need to relocate, join a new social circle, and possibly spend less time with your children.

Because of the emotional hardship of divorce, many people find it difficult to focus on the legal aspects of the divorce process. Make no mistake: Divorce is a legal procedure, which is why it is so important that you consult an attorney who can demystify the legal requirements.

Although every divorce is unique, there are a few steps that are common in most cases. Here is a step-by-step preview of divorce:

Filing for Divorce

In order to file for divorce in the state of Illinois, at least one spouse must have been a resident for 90 days. If this is not the case, you may need to file in a state where you lived previously.

Determining Fault or No-Fault

There are a number of different legal “grounds” for divorcing spouses. These include adultery, desertion, abuse, impotence, and others. In Illinois, spouses can also file for a no-fault divorce, or as it is more commonly known, “irreconcilable differences.” There does not need to be a singular, specific reason for the divorce.

Speaking with an attorney might be an effective way to determine if your divorce should be fault or no-fault. There may be some gray areas in between the two.

Finishing the Appropriate Paperwork

Spouses have the option of filing for divorce either jointly or separately. The simplest way to understand this is to ask whether both parties are agreeing to the divorce. If so, it will likely be a joint effort. It is not mandatory that both spouses agree, however, it often helps if they work together in what is known as a collaborative divorce. This can expedite the process and possibly make the procedure less expensive.

After deciding whether to file for divorce jointly or separately, you should read through the forms on the state's website. Filling these out correctly can be somewhat confusing for those who are not familiar with divorce law, and this is one of the areas where an attorney’s guidance may prove invaluable.

Consult a DuPage County Divorce Lawyer

Going through a divorce alone can be challenging, time consuming, and stressful, which is why many people choose to work with an experienced DuPage County divorce attorney. The attorneys at the Law Office of Matthew M. Williams can assess your case, explain your rights, and represent your interests during negotiations. To schedule an appointment, call us today at 630-409-8184.