Starting the Divorce Process in Will County, Illinois

 Posted on March 21, 2023 in Divorce

Deciding to end a marriage is one of the most difficult decisions anyone can make. However, if you have reached the point where a divorce is the only option, it is essential to understand the legal process of divorce. In Illinois, the divorce process can be complicated and overwhelming. 

Determine Your Eligibility for Divorce

In Illinois, to file for a divorce, you must meet the residency requirement. One of the spouses must have lived in the state of Illinois for at least 90 days before filing for a divorce. If you meet this requirement, you can move on to the next step.

Grounds for Divorce

A spouse or both spouses must establish grounds for divorce before the judge will grant it. Irreconcilable differences, often known as no-fault divorce, are the only grounds for divorce that are accepted in Illinois. Irreconcilable differences are described under Illinois law as the "irretrievable breakdown" of a marriage. The spouses must either claim there is a breakdown in the marriage but that all attempts at reconciliation have failed and that further attempts would not be "in the best interest of the family" or they must be living apart for six months in separate households or within the same household at the time of the breakdown of the marriage.

File a Petition for Dissolution of Marriage

Once you have met the residency requirement and decided on a ground for divorce, the next step is to file a petition for dissolution of marriage. You can file the petition with the circuit court in the county where you or your spouse lives. The petition should include information such as the names of the spouses, the grounds for divorce, and the relief sought. You should also include any relevant information about children, property, and debts.

Serve Your Spouse with the Petition

After you file the petition, you must serve a copy of it on your spouse. Your spouse then has 30 days to respond to the petition. If your spouse does not respond, the court may enter a default judgment against them. If your spouse responds, you will need to work with them to resolve any issues related to children, property, and debts.

Contact a Will County Divorce Attorney

Contact our Will County divorce attorney at Law Office of Ronald L. Hendrix, P.C. for help starting the divorce process.  Remember, divorce is a significant decision, and you need an experienced attorney to guide you through it. We will collaborate with you to find the most effective method to settle your disputes, whether that's in or out of court. Call 630-355-7776 for a no-cost consultation.

Source:

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