Will County Divorce Lawyer

Hardly anyone enters into a marriage thinking it will one day end in divorce. Whether you have been contemplating divorce for some time or your spouse surprised you–one thing is for certain: Divorce is never easy.

While every divorce is unique to the individuals and circumstances involved, there are some similarities. One of the first steps you can take to face divorce in a more confident and productive way is to understand some of the basic requirements of the divorce process.

Important to that first step and understanding the basics of divorce is consulting with a divorce attorney. If you are in Will County or the surrounding areas, working with an experienced divorce lawyer can help you more confidently to navigate the complexities of your divorce proceedings. To learn more call and schedule a consultation with an experienced family attorney today.

Grounds for Divorce

Illinois is a “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. It is important to note, however, that partners do not need to be physically living apart to be considered “separated” in this context.

Illinois also has a process known as a 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 Will County divorce lawyer could explain in more detail.

Uncontested and Contested Divorce

The terms “contested” and “uncontested” often appear in issues related to divorce. In an uncontested divorce, each spouse agrees to 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 disagree on property division, spousal support, custody issues, or whether to get divorced at all, the divorce can be referred to as contested.

Illinois Divorce Requirements (Residency, Jurisdiction, Service of Process)

There are specific requirements that must be met in order for a couple to be granted a divorce in Illinois. They include:

  • One of the spouses must have been a resident of the state for a minimum of 90 days prior to filing for divorce, or 90 days prior to the final Judgment being entered with the court.
  • The individual filing for divorce can do so in the county in which they reside, or in the county in which the other spouse resides. If there are minor children involved, their residency affects filing requirements.
  • After filing a petition for divorce, if the other party does not willingly file their Appearance in the case or hire an attorney, the individual who filed the case must serve a copy of the petition to their spouse. Once served, the defendant has 30 days to file their appearance and a response to the court regarding the petition for divorce.

How Our Will County Divorce Attorneys Could Help

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, our firm could work to help you understand the divorce process at each stage so that you can feel more confident and secure in your approach. Get in touch with us today to schedule a consultation.

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