Will County Contested Divorce Lawyer

Divorce can be a lengthy, expensive, and emotionally draining process—not only for both spouses but also for their children, if any, as well as close family members. When a divorce is contested, even over just one issue, it can drag the proceedings out for months or even years, and build up animosity between disputing spouses if they are unable to come to an agreement on their marital issues.

If you are filing for or considering filing for, a divorce in Will County, you should consider contacting an experienced Will County contested divorce lawyer to assist you with your divorce case and any extenuating issues.

What is a Contested Divorce?

The Illinois Marriage and Dissolution of Marriage Act legally defines a divorce or the end of a marriage as the “dissolution of marriage.” In many such dissolutions, the decision is mutual between both spouses, and the issues inherent to divorce proceedings can be solved with relative simplicity.

A contested divorce, however, is a type of divorce where both spouses cannot come to an agreement on terms regarding certain marital issues. Such marital issues can include child support, retirement, spousal support, a division of property and assets, tax issues, child custody, and visitation.

Before filing for a divorce in Will County, at least one spouse needs to have been a resident of the State of Illinois for at least 90 days. Either spouse may file for divorce in the circuit court of the county in which they reside, according to 750 Illinois Compiled Statutes 5/401(a).

Grounds for Contested Divorce in Will County

Pursuant to 750 Illinois Compiled Statutes 5/401, legal grounds for a contested divorce require one or more of the following:

  • Impotency of one spouse
  • Bigamy (i.e. one spouse was still married at the time of the marriage)
  • Adultery committed by either spouse
  • Willful abandonment or desertion for at least a year
  • Habitual drunkenness or drug addiction for at least two years
  • Attempted murder on one spouse by the other spouse
  • Extreme and repeated physical or mental cruelty
  • Felony conviction or conviction for any other infamous crimes
  • One spouse infecting the other spouse with a sexually transmitted disease

In regards to the grounds of bigamy, 750 Illinois Compiled Statutes Section 5/212(a)(1) and Section 5/301(4) declare that if the court finds that one spouse entered into the marriage with the other spouse before the final divorce of their previous marriage to another person, then the second marriage will be declared invalid or annulled by the court.

Consult with a Will County Contested Divorce Attorney Today

If you choose to partake in the benefits of hiring private legal representation, you could have experienced and knowledgeable legal assistance with issues such as the strict legal definition and requirements of a contested divorce, marital issues addressed in a contested divorce, and legal grounds associated with a contested divorce under state laws.

A Will County contested divorce lawyer could provide you with the help and guidance you may need in your divorce case. Contact our firm today to know more.

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