Officially ending a marriage requires that couples contend with a host of related legal issues. For instance, divorcing couples must fairly divide marital assets and debts, determine who will retain ownership of the family home, decide whether one party is entitled to alimony, and come up with a parenting plan if the couple shares children. Resolving these issues can be a complex process, especially for those without legal representation, so if you and your spouse have decided to end your marriage, it is critical to speak with experienced Illinois divorce lawyers near me who can walk you through the filing process.
A divorce can either be contested or uncontested, with the former referring to a divorce in which the parties do not agree on one or more related legal issues, including:
Many couples are able to reach an agreement on these issues in an out-of-court setting and thus avoid litigating the matters in court. These are known as uncontested divorces and they tend to be resolved much more quickly than litigated divorces, which can take months or even years to finalize.
When a couple cannot come up with a reasonable arrangement, however, a judge will need to step in and make the decision on the parties’ behalf. This is known as a contested divorce and requires that the parties attend a number of hearings and present arguments to a judge. Contested divorces are notorious for being more contentious, time-consuming, and expensive than uncontested divorces.
Regardless of whether a divorce is contested or uncontested, the parties involved will only be eligible if one of the parties has resided in the state for at least 90 days. Those who fail to satisfy this requirement could end up delaying their divorce by weeks or even months.
Once a couple has satisfied these filing requirements, they will need to provide evidence that their marriage has become irretrievably broken due to irreconcilable differences and that reconciliation is not possible or would not be in the family’s best interests. Proof that a couple has been living separate and apart for the last six months is usually enough to satisfy this burden.
If you have questions or concerns about filing for divorce in Illinois, please contact the experienced divorce lawyers near me at Demetrios N. Dalmares & Associates, Ltd. We can be reached by phone or by sending an email to info@dalmareslaw.com. We offer initial consultations free of charge, so call or contact us online at your earliest convenience.
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