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 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 more confidently and productively is to understand some of the basic requirements of the divorce process.

Essential 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, experienced divorce lawyers can help you navigate the complexities of your divorce proceedings—including property division and spousal support—and various legal challenges more confidently.

To learn more, call to schedule a consultation with an experienced attorney at Reidy Law Office, LLC, today to discuss your family law matters.

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.

Still, the court can presume those differences exist if the couple has lived apart for at least six months. However, it is important to note that partners need not 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 only an option for some couples. There are additional requirements to engage in this process that a Will County divorce lawyer at our law practice 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. Usually, an uncontested divorce can save time and money in the long run.

However, in many family law cases, total agreement between spouses is easier said than done—a scenario that 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 

Specific requirements must be met for a couple to be granted a divorce in Illinois.

They include:

  • One of the spouses must have been a state resident for a minimum of 90 days before filing for divorce or 90 days before the final judgment is entered with the court.
  • The individual filing for divorce can do so in the county where they reside or in the county where 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.

FAQ: Will County Divorce

Who gets child custody after divorce in Illinois?

Child custody or parental responsibilities are not automatically assigned after divorce. A family law judge will rule on parental responsibility and parenting time based on the child’s best interests. Will County divorce attorneys can protect your parental rights and advocate for you in court.

Will my spouse get half of everything after a divorce in Illinois? 

Illinois is an equitable distribution state, so divorce does not mean you will have to split your assets 50/50. Instead, property division will be done fairly and “equitably.” Keep in mind this does not mean equally. Family law attorneys can guide the asset division process to reach a fair divorce settlement for everyone involved.

Can I request child support during my Illinois divorce?

If your pending divorce is causing you to have financial issues, you can request a temporary child support order by filing a petition with Will County family law court. An experienced family law attorney can help you prepare your request and advocate for compensation in this challenging time.

How A Will County Family Law Attorney Can Help

Many details and aspects of the divorce process can seem intimidating and overwhelming. Fortunately, a thorough and dedicated family lawyer can make a dramatic difference in how prepared you are to handle the challenges a divorce may present.

At Reidy Law Office, LLC, we provide various divorce and family legal services to help you with your divorce or legal separation.

Here are our related practice areas:

If you are considering divorce, our divorce and family law firm will 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.