In Illinois, divorcing spouses are not required to prove that one or the other was at fault for a union’s failure in order to end their marriage. While this has made the process of obtaining a divorce simpler than in prior decades, doing so is still challenging, so if you and your spouse are considering dissolving your marriage, it is critical to speak with an experienced Frankfort divorce law firm before starting the filing process.
Under state law, Illinois couples who decide to divorce do not need to provide proof of fault to obtain a divorce, but are only required to establish that:
Generally, courts presume that couples who have been living apart for at least six months have satisfied this burden and so are not required to provide any further evidence of irreconcilable differences. Fortunately, residing in different homes is not the only way to satisfy this element, as divorcing parties can do so by demonstrating that they have begun living separate lives, which could include everything from opening separate bank accounts and changing their last name, to holding themselves out to friends and family as being separated and entering into new relationships.
The divorce process has become much simpler in the last ten years, a trend that can largely be attributed to the fact that divorcing parties are no longer required to provide proof of fault before they can end their marriages, which in turn, tends to reduce conflict and disagreement. This is especially true for those who can reach an agreement on all divorce-related issues, such as property division and alimony, before going to court.
Those who cannot reach an out-of-court agreement on property division, spousal support, or child custody, on the other hand, will only be able to obtain a divorce after a judge has issued a ruling on these topics. Alternatively, a divorce could qualify as uncontested if one of the spouses in question files for divorce, but his or her partner fails to submit a reply within 30 days. In these situations, a judge will proceed with the case as if the parties had reached an agreement, using the petitioner’s statements and evidence to make their decision. Submitting a timely response to a divorce petition is the best way to avoid this, so if you were recently served with divorce papers, it is important to speak with a divorce attorney about your next steps as soon as possible.
For help with your own divorce, please call the dedicated lawyers at Demetrios N. Dalmares & Associates, Ltd. or send us an email at firstname.lastname@example.org today. In an effort to meet the needs of potential clients during the COVID-19 pandemic, our team is also making itself available via video and phone conferences.