If you need advice about divorce law as it applies to your unique situation, it may be essential to consult a seasoned family attorney. An experienced Orland Park divorce lawyer from Reidy Law Office LLC could advise you before, during, and after a divorce. We could assist you whether you are contemplating divorce, have already filed for divorce, or have post-divorce issues you need to resolve.
Under Illinois state law, you must reside in Illinois for at least 90 days prior to filing for divorce. Although the court may grant a divorce even if your spouse never did business or lived in the state, the court would not have jurisdiction over them as a non-resident. This means the judge would not have the power to compel them to acquiesce to any kind of support agreements, pay debts, or transfer property.
Prior to January 1, 2016, you had the option of filing for divorce under a fault or no-fault basis. A no-fault divorce uses “irreconcilable differences” as a reason—or grounds—for divorce. In contrast, the grounds for a fault-based divorce could include adultery, desertion, habitual drunkenness or drug use. Now, though, Illinois is a true no-fault divorce state—in other words, you no longer need to give concrete reasons for the divorce, as “irreconcilable differences” are now sufficient grounds.
The divorce process begins when you file a Petition for Dissolution of Marriage in the circuit court where either you or your spouse resides. As the filing spouse—also known as the Petitioner—you must serve a copy of the Petition to your spouse—the respondent. The respondent has 30 days to respond in the form of a formal written answer to the petition.
Illinois state law allows for a streamlined dissolution called the Illinois Joint Simplified Dissolution Procedure. This type of filing is designed for couples who have no children, simple assets, and have been married for a shorter period of time. Most people do not qualify for this process. If you would like to explore this option for your divorce, an Orland Park divorce attorney could explain it in greater detail.
At Reidy Law Office LLC, we understand that going through a divorce can be stressful, time-consuming, frustrating, and expensive. If retained, though, we could inform you about the applicable law, give you options on how to proceed, and fight hard for your rights both in and out of the courtroom.
Some of the divorce issues with which an Orland Park divorce lawyer from our firm could assist you may include:
Divorce may create a lot of anxiety, as it involves many important decisions that could affect your life for years to come. An experienced Orland Park divorce lawyer could give you the guidance you need every step of the way, so you can focus on your future. Call us today for a consultation and take the first step toward moving on with your life.