Divorce

DIVORCE

Divorce is a legal proceeding by which the bonds of matrimony are legally dissolved. Anyone going through a divorce or a family law proceeding such as custody, child support, visitation rights, and division of property etc. will tell you that it is one of the hardest and most emotionally draining times in their life.

The process of divorce is an extremely difficult time for the parties involved, the families of the parties and the children, if there are any. During these hard times, it is very important to have an attorney who understands that these are very difficult times for the client and that it is not just business as usual. Let us use our legal knowledge and experience to guide you through this difficult process. Call us today for a free half hour consultation and an opportunity to meet us in person to see if our office the right one for you.

CONTESTED V. UNCONTESTED DIVORCE

In Illinois, there are basically two types of divorce, namely, contested and uncontested. In a contested divorce, the husband and wife essentially cannot agree on issues such as division of property, child custody, alimony or spousal support, etc. If such is the case, then each party will want to hire an attorney to make sure their interests and rights are protected in the courtroom. It is important to have an attorney who understands how these issues are handled and who will fight aggressively for your rights.

An uncontested divorce is when a husband and wife have decided that it would be in their best interest to agree on the above mentioned issues without the need for lengthy court appearances or a trial. Even in situations where the husband and wife have agreed on the terms of their settlement, an attorney is still important as guidance to make sure the process of divorce goes smoothly, all the various legal procedures for a divorce are performed correctly and that one party is not taking advantage of the other.

Whether you and your spouse agree or disagree on the issues, call or email us, schedule an appointment and discuss your situation in a free half hour consultation. We will discuss the facts of your situation with you and guide you with our legal knowledge and experience as to what your rights are and what avenue is best for you.

RESIDENCY REQUIREMENTS

To file for a dissolution of marriage in Illinois, a married couple must meet the state's residency requirements. Either spouse must have resided in Illinois for at least 90 days prior to the filing date. The Petition for Dissolution of Marriage can be filed in the county where either party resides.

Those who file for a legal separation are not bound by the state's residency requirements. A spouse who is separated without fault may file a Petition for Legal Separation and acquire the same legal remedies available to one who files for dissolution of marriage. This petition may be filed in the other spouse's county of residence or in the county where the petitioner lives if the other spouse cannot be located.

GROUNDS FOR DIVORCE

Illinois typically requires a two-year separation period, during which time the spouses must live apart. This separation does not necessarily have to be in different homes. As long as the spouses cease to live as a married couple would, for example, if they do not talk or communicate to each other, or they do not have any sexual relations, courts typically consider that being "separated". The two-year period can be reduced to six months if the couple sign a waiver stating that they mutually agreed to separate. Absent this waiver, one spouse can separate from the other without concurrence, and after the two-year separation period, either spouse may file for divorce on grounds of irreconcilable differences.

In Illinois, divorce proceedings can be expedited if the couple files proceedings alleging fault by one of the parties. This waives the requirement of a two-year separation period. But to do this, one spouse must accuse the other of unsavory conduct. In Illinois, grounds for dissolution based on fault of a spouse include impotence, adultery, bigamy, desertion, habitual drunkenness or drug abuse, extreme cruelty and felony conviction. A petitioning spouse can also claim fault if the other spouse was the source of infection with a sexually transmitted disease during the marriage.

If you have any further questions or need more clarification, please contact our office and we will gladly answer your questions.

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LEGAL DISCLAIMER

NOTHING WRITTEN ON THIS WEBSITE IS INTENDED TO BE LEGAL ADVICE. EVERY CLIENT'S SITUATION IS UNIQUE AND DIFFERENT. PLEASE CONSULT WITH A LICENSED ATTORNEY BEFORE MAKING ANY DECISIONS REGARDING YOUR SITUATION AND CASE.

WE ARE A DEBT RELIEF AGENCY. WE HELP PEOPLE FILE BANKRUPTCY UNDER THE BANKRUPTCY CODE.