Beginning the Divorce Process in Illinois

 Posted on April 07,2016 in Divorce

Whether your decision to end your marriage has been a mutual one or a tough conclusion you’ve had to make all on your own, divorce is never easy. Even amicable separations can bring about a lot of headache when it comes time to take legal action. Both partners must come to an agreement on how assets should be divided, who will take ownership and responsibility for what, and if children are involved, parenting time (visitation) and child support must be arranged and agreed upon.

If you live in Illinois and have recently come to the conclusion that it is indeed time for you and your partner to file for divorce, here are some basics to help you get started.

The Statutes

As you begin to seek representation and commence the divorce process, it can be helpful to familiarize yourself with the state’s divorce statutes. These written laws explain the guidelines for dissolution of marriage and how they are defined. For example, Part IV of The Illinois Marriage and Dissolution of Marriage Act covers everything from Irreconcilable Differences to Legal Separation. While the legal jargon can be hard to digest and is best read through with an experienced attorney, the statutes clearly and specifically lay out what you need to know. You can find these laws via the Illinois General Assembly government website (www.ilga.gov).

State Requirements

There are certain requirements to file for divorce in the state of Illinois, including the following:

• Both you and your spouse must have lived in the state for at least 90 days to be eligible to file;
• Fees must be paid in full for your divorce to process. There are typically two fees: The fee to file your case and the fee to serve your spouse the papers, which officially notifies them you are filing; and
• While it is the judge, not your spouse, who grants the divorce, your spouse must know about the divorce for it to be finalized. The state requires your spouse to be aware of your intent to file.

Representation

A private family law attorney will act as mediator, advocate, and resource for you throughout the entire process. They can address any questions you might have and will ensure everything is processed correctly and that all your needs are met from start to finish. An experienced Kane County family law attorney can help. Call Shaw Sanders, P.C. at 630-584-5550 to begin the filing process today. With the right support, information, and representation, you can make it to the other side with the peace of mind you need to move forward, heal, and protect your best interests.

Sources:

http://www.illinois16thjudicialcircuit.org/Pages/familyLaw.aspx

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000