This is one of the most personal decisions you’ll ever make. You might be ready if you’ve tried counseling, communication has broken down completely, or you feel unsafe in your marriage. Trust your instincts—only you can decide what’s best for your family’s future.
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Divorce
Divorce Lawyers in Illinois
When you’re facing divorce, it can feel like there are more questions than answers. What do I need to do? What are my options? What should I expect? At SLG Family Law, our goal is to make the process easier to understand and less stressful to manage. We’ll review everything with you carefully, so you can make informed decisions about your future.
What Law Governs Divorce in Illinois?
Illinois law governs divorce through the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). This law sets the rules for all aspects of divorce, including how to file, what grounds are required, and how property, support, and parenting time are handled. To finalize your divorce, a court must enter a Judgment for Dissolution of Marriage. If you and your spouse can agree on everything, the judge can approve your settlement. If not, the judge will decide any unresolved issues and enter a judgment based on what the law requires.
How Can You Get Divorced in Illinois?
There are several ways to approach divorce in Illinois. The right path depends on your situation and whether you and your spouse can work together or need the court to step in.
Uncontested Divorce
An uncontested divorce happens when you and your spouse agree on all major issues, including property division, support, and parenting arrangements. This is often the quickest and least expensive option. With the help of an attorney at SLG Family Law, you can make sure your agreement is fair, complete, and legally enforceable.
Contested Divorce
When you and your spouse can’t agree on one or more issues, the divorce becomes contested. This means a judge will make decisions on the matters you can’t resolve. Contested divorces often take longer and cost more, but a divorce attorney can keep things moving.
Mediation
Mediation involves working with a neutral third party to help you and your spouse reach agreements outside of court. It’s a cooperative approach that can save time, money, and stress. Many couples find mediation helpful because it gives them more control over the outcome.
Collaborative Divorce
In a collaborative divorce, both spouses work with their own attorneys and other professionals to reach a settlement without going to trial. Everyone signs an agreement to resolve the matter cooperatively. This approach is best for couples who want to preserve a respectful relationship, especially when children are involved.
No matter which path you choose, a Petition for Dissolution of Marriage must be filed with the court, and a judge must enter a Judgment for Dissolution of Marriage to finalize your divorce.
How Do You File a Petition for Divorce in Illinois?
Filing for divorce in Illinois starts with meeting basic residency requirements and filing the necessary paperwork. Here’s what you need to know:
Step 1: Meet Residency Requirements
To file for divorce in Illinois, at least one of the following conditions must be met:
- One spouse must have been a resident of Illinois for a minimum of 90 consecutive days prior to filing.
- One spouse must be a resident of Illinois and continue to reside there for 90 consecutive days before the judgment is entered.
Step 2: Establish Grounds for Divorce
Illinois is a no-fault divorce state, which means you don’t need to prove wrongdoing by your spouse. The only grounds for divorce in Illinois are “irreconcilable differences.”
Step 3: File the Petition
Once you meet the requirements, you or your attorney will file a Petition for Dissolution of Marriage with the court. This document officially starts the divorce process and outlines what you’re asking the court to do.
Step 4: Serve Your Spouse
After filing, your spouse must be formally notified of the divorce so they can be given a chance to respond.
Step 5: Work Toward Resolution
From here, you’ll work with your attorney to gather documents, negotiate terms, and move toward a resolution. If you can’t agree, the case will go to trial.
How Can a Divorce Attorney at SLG Family Law Help?
Divorce involves complex legal procedures, financial decisions, and emotional challenges. An attorney at SLG Family Law can:
- Help you understand your rights and options.
- Draft and file all necessary legal documents.
- Negotiate for you to reach fair agreements.
- Represent you in court if litigation becomes necessary.
- Protect your interests and keep you from making mistakes.
You don’t have to face this process alone. The attorneys at SLG Family Law are here to provide the guidance, support, and advocacy you need to move forward with confidence. Contact us today to schedule a consultation.
FAQs About Divorce in Illinois
How do I know if I'm ready to get a divorce?
How should I prepare before filing for divorce?
Begin by gathering essential documents, such as tax returns, bank statements, and property records. Consider your living arrangements and, if you have children, think about their needs as well. It’s also wise to open your own bank account and consult with a family law attorney who can guide you through the process.
What happens if my spouse doesn't respond to the divorce petition?
Don’t worry, this situation is more common than you might think. If your spouse doesn’t respond within the required timeframe, you can request a default judgment. The court can still proceed with your divorce, although the process may take a bit longer.
What are the benefits of seeking alternatives to traditional divorce litigation?
Mediation and collaborative divorce can save you time, money, and emotional stress. These approaches often lead to more amicable solutions, which is especially important when children are involved. You’ll have more control over the outcome and can find solutions that benefit everyone.
How do I choose the right divorce lawyer for my case?
Look for someone who listens to your concerns and explains things clearly. Experience in family law matters, but so does communication style. Schedule consultations with a few attorneys to find someone you feel comfortable with during this challenging time.
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