There are few things in life more challenging than divorce. Hardly anyone enters into marriage with the goal of getting divorced, and whether you have been contemplating divorce for some time or it came as a surprise, it is still never easy.
While every divorce is unique to the individuals and circumstances involved in it, there are some similarities. One of the first steps you can take towards facing divorce in a more confident and productive way is to understand some of the basic requirements of the divorce process.
Working with a Mokena divorce lawyer may help you navigate the complexities of an Illinois divorce. To learn more call and schedule a consultation with an experienced family attorney today.
The state’s laws governing divorce can be found beginning in 750 Illinois Compiled Statutes 5/457. The most basic requirement for divorce in Illinois has to do with residency. Most states have this type of requirement, though the specifics vary in each jurisdiction. In Illinois, one of the spouses must have been a resident of the state for a minimum of 90 days.
The individual filing for divorce also referred to as the plaintiff, can do so in the county in which they reside. They may also file in the county in which the other spouse—the defendant—lives.
After appropriately filing a petition for divorce, the individual seeking divorce must ensure that they serve a copy of the petition on the other spouse. At that point, the defendant or their Mokena divorce attorney has 30 days in which to provide a response to the court regarding the petition for divorce.
The terms “contested” and “uncontested” often appear in issues related to divorce. In an uncontested divorce, each spouse agrees on the terms of the divorce and the related settlement. Often, an uncontested divorce can save time and money in the long run.
However, in many cases complete agreement is easier said than done, a scenario which may give rise to a contested divorce. If couples have disagreements on property division, spousal support, custody issues, or whether to get divorced at all, the divorce can be referred to as contested.
Illinois provides for no-fault divorce, which means that any individual may request a divorce from the court because of irreconcilable differences without proving specific reasons for seeking the divorce. Spouses will still need to demonstrate irreconcilable differences to the court, but the court can presume those differences exist if the couple in question has lived apart for at least six months.
Illinois also has a process known as joint simplified divorce. This is a streamlined process, but it is not an option for every couple. There are additional requirements to engage in this process that a Mokena divorce lawyer could explain in more detail.
At times, many details and aspects of the divorce process can seem intimidating and even overwhelming. Fortunately, a thorough and dedicated divorce lawyer could make a dramatic difference in how prepared you are to handle the challenges a divorce may present.
If you are considering divorce, call today to find out more about the role an experienced Mokena divorce lawyer could play in the Illinois divorce process. A qualified attorney could work to help you understand the divorce process at each stage so that you can feel more confident and secure in your approach.