How Do I Begin my DuPage County Divorce?

 Posted on September 30, 2022 in Divorce

Initiating the process of beginning a divorce can seem like an impossible task. Not only does a divorce take an immense emotional toll on everyone involved, but it can also be overwhelming to navigate through all of the legal proceedings and logistics of the process. As is the case with many things in life, starting can be the hardest part. Fortunately, the Law Office of Ronald L. Hendrix, P.C. has years of experience to help you take that first step so you may begin your new life.

Determining your Situation 

There are many considerations at the beginning of the divorce process, but to determine how to begin, you must first assess the marriage itself. 

How to approach the dissolution of the marriage will depend on many factor. Ask yourself:

• Is the divorce contested? Both parties must be in agreement to end the marriage, otherwise, it will be a contested divorce. If it is contested, this will affect how property, finances, and custody issues of the spouses must be resolved. An uncontested divorce is one in which both spouses agree on property division, child custody, and other relevant divorce issues. An uncontested divorce is usually a quicker process, but still may take several months to make it official.

• Who is petitioning for the divorce? The spouse who petitions the divorce will be the one who files the documents to begin the dissolution of the marriage. The other spouse will, in turn, become the respondent. If the respondent does not respond, the petitioner may ask the court for a default divorce and proceed without the respondent’s input. 

• What is the living situation? Illinois does not require spouses to live separately to get divorced. However, the living arrangements will likely affect the divorce process and outcome. 

What is the Petition for Dissolution?

To begin the process you must first fill out a petition for dissolution of marriage. The petition will include multiple points of information regarding both spouses including:

• Age and addresses of both spouses

• Location and date of marriage

The petition must be filed with the local county courthouse, as long as one spouse still resides in the county. This petition can be filed online or in person. You will then proceed to send your spouse a Summons to Court and the Petition for Dissolution of the Marriage. At this point the spouse has 30 days after notification to respond, otherwise, you can ask for a hearing date without a response. 

The Most Important Step-Reach out to a DuPage County Attorney

One of the best things you can do for yourself at the beginning of a divorce is to contact an attorney who can guide you through the process. By calling 630-355-7776 today, you can get in touch with our experienced Naperville divorce attorneys at Law Office of Ronald L. Hendrix, P.C. who will ensure that your case is handled appropriately and fairly. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000