Under Illinois law, all you need to show is that irreconcilable differences led to the breakdown of your marriage in order to get a divorce. Outside of meeting the state residency requirements to file, you do not need to conduct a drawn-out investigation to prove your spouse did something wrong to get divorced. While it is simpler in many ways, the legal process of a divorce can still be complicated. If you are considering filing for divorce in Illinois, let an experienced divorce lawyer in Plainfield help you.
At Demetrios N. Dalmares & Associates, Ltd., we have decades of experience helping Illinois residents finalize their divorce proceedings and start a new chapter in their lives. Some people mistakenly assume that an uncontested divorce means the process will be quick and straightforward. If you and your spouse can definitively agree on each outstanding issue, it could be completed in around six months. However, it is not uncommon for uncontested divorce matters to become contested as not all the outstanding problems were resolved, or one spouse drafted a very unfair settlement agreement. Even if you agree about every aspect of your divorce settlement, we always recommend having an objective lawyer look over the agreement first.
Provided you meet the residency requirements for an Illinois divorce filing, you start with the Petition for Dissolution of Marriage. Once it has been filed and served on your spouse, they have to file an answer with the court. If they do not respond to the petition within the deadline, the court could proceed with your divorce based on the evidence you submit as the petitioning party.
Dividing marital assets is one of the most contentious aspects of any Illinois divorce. While it is best if both spouses can reach an agreement on their own, it is not uncommon for the case to be resolved by a family court judge. When you have a lawyer representing you, it helps remove the emotions from the situation because our attorney is negotiating on your behalf.
Under Illinois law, the property is to be divided fairly and equitably. This does not mean you must split it 50/50 down the middle like a community property state. One spouse may get assets that are of similar value to those the other spouse will receive.
Not all marriages end with an order of spousal support. If you negotiate it on your own and the court signs off on it, you are better off. If you leave it up to the judge, you could end up with no award whatsoever. The courts take a hard look at certain factors, including the length of the marriage, the employment status of each spouse, and more.
If you have children, retaining a lawyer is even more critical. You want your divorce to be resolved as quickly and amicably as possible. A lengthy court battle does no one any good, especially your children. Your attorney can help negotiate child support and custody and visitation, referred to as parental responsibilities and parenting time by the Illinois courts.
If you need assistance with filing for divorce in Illinois, contact Demetrios N. Dalmares & Associates, Ltd., to speak with one of our divorce lawyers in Plainfield.