What Is the First Step to Getting Divorced?

 Posted on December 06, 2023 in Divorce

For your purposes, the first step in the divorce process should be finding a well-qualified attorney to represent you. The formal legal process of divorce begins when one spouse files a petition for divorce with the court. This petition sets out some basic information, like how long you have been married and where you reside. It also, importantly, must allege that you and your spouse have irreconcilable differences. Having irreconcilable differences is the only ground for divorce still recognized in Illinois. After that petition is filed, your divorce is officially in process. The next steps include serving your spouse with a copy of the complaint and deciding how you both would like to approach the divorce. You have options, like using collaborative divorce to avoid a courtroom battle. Your Illinois divorce attorney can guide you through the entire process. 

What Information Should be in a Petition for Divorce?

The first document you file with the court must include the basic information that tells the court it will likely be able to finalize your divorce. Information that must be included in your petition for divorce includes: 

• Your names and ages - The court needs both of your full legal names. If one of you has a maiden name, the court will need to know this as well. You must also state your age and a few other bits of biographical information.
• Residency - You will need to show that you meet the residency requirements to get divorced in Illinois. If you have lived in Illinois for at least 90 days, you meet this requirement. The requirements are different for those actively serving in the military. 
• Ground for divorce - You must state that irreconcilable differences have caused the irretrievable breakdown of the marriage. While the real reason for divorce may be that your spouse is a serial philanderer or has abused you, this is the only reason for divorce the state will accept. 
• Marital information - You will need to state when and where you were married. The court needs this information so it can verify the marriage. 
• Addresses - At least your current home address must be submitted to the court. Your attorney can help if your address must be kept confidential from your spouse for safety reasons. If you know where your spouse lives, providing their address can make serving them easier. However, it is alright if you do not know where your spouse is. This is common, and there are other ways to serve them. 

Filing a petition for dissolution is often the simplest part of the divorce. From there, it can become far more complicated. Good representation is essential. 

Contact a Naperville, IL, Divorce Lawyer

Law Office of Ronald L. Hendrix, P.C. can help you through the entire divorce process. Our committed Will County, IL, divorce attorneys will do all we can to keep the process as stress-free for you as possible. Contact us at 630-355-7776 for a free consultation.