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
Divorce is the process by which a marriage is legally terminated. In Illinois, a divorce is legally known as a “dissolution of marriage.” The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) governs all aspects of divorce proceedings. To obtain a divorce under Illinois law, a court must enter a Judgment for Dissolution of Marriage. If the spouses agree on all issues, then a Judgment for Dissolution of Marriage may be entered by agreement, or if the parties cannot agree on all or any one issue, then a Judge may decide any unresolved issue(s) and enter a Judgment for Dissolution.
Types of Divorce Litigation
In a traditional divorce proceeding, the spouses engage in competitive and acrimonious divorce litigation to dissolve their marriage using the court system. Most litigated divorce cases settle without a trial, and there are alternative methods to traditional divorce litigation, including:
- Uncontested Divorces
- Negotiated Divorce Settlement
- Mediation
- Collaborative Divorce
- Alternative Dispute Resolution
No matter how spouses choose to proceed to a dissolution of marriage, a Petition for Dissolution of Marriage must be filed with the court and a Judgment for Dissolution of Marriage entered by a Judge.
How to File a Divorce Petition in Illinois
To file a petition for divorce in Illinois, one of the following must be true:
- One spouse must have been a resident of Illinois for 90 consecutive days prior to filing for divorce; or
- One spouse must be a resident of Illinois and continuously reside in Illinois for 90 consecutive days prior to the entry of the Judgment.
Recent changes to Illinois Divorce Law have eliminated grounds for divorce and fault-based divorce, resulting in a no-fault divorce. In Illinois, spouses can only cite irreconcilable differences as the grounds for divorce. Under the Illinois Marriage and Dissolution of Marriage Act, irreconcilable differences are those that have caused “the irretrievable breakdown of the marriage.”
There is no waiting period to file for a divorce in Illinois. However, if the spouses do not agree that irreconcilable differences have caused the irretrievable breakdown of the marriage, then the spouses must have lived separate and apart for only six months before the court may enter a Judgment for Dissolution of Marriage. Â
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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