In Illinois, couples are encouraged to reach an agreement regarding property division, spousal maintenance, and if they share children, custody in an out of court setting when going through a divorce. With the aid of attorneys, mediators, and other members of a divorce team, families are often able to come up with an amicable solution to these divorce-related matters. However, this is not always possible, in which case, a judge will step in and make a decision on the parties’ behalf after holding a trial. Litigating a divorce can be a complex and emotional process, so if you have been unable to reach an agreement with a spouse, have not yet filed for divorce, or have other divorce-related questions, you should consider speaking with an experienced Minooka divorce attorney who can help protect your interests, whether during negotiation or in the courtroom.
Couples who decide to end their marriages must take a number of steps before they will be granted a divorce, the first of which is to file a petition in the county where one or both of the parties live. While there is no official waiting period for filing a divorce petition in Illinois, a couple will only be able to legally dissolve their union if at least one of the parties has lived in the state for 90 days.
Before a family law judge will finalize a divorce, the parties involved must be able to prove that irreconcilable differences have led to the irretrievable breakdown of their marriage. Generally, separation of at least six months is enough to prove that such differences exist. Otherwise, the parties will need to demonstrate that efforts at reconciliation have failed and that future attempts would not be in the family’s best interests.
As mentioned previously, divorces can be obtained through agreement or trial. The former involves resolving disputes through negotiation, while the latter requires the intervention of a family law judge, who will be tasked with making determinations on the parties’ behalf. Regardless of whether dissolution is achieved via an agreement or litigation, a divorce can only officially be granted after certain issues have been resolved, including:
Contending with these issues can be complicated, making it especially important for couples that have not yet filed for divorce, to speak with an experienced attorney before proceeding.
For help with your own divorce-related issues, please call one of the experienced Minooka divorce attorneys at Demetrios N. Dalmares & Associates, Ltd. You can reach a member of our team by calling our office or sending a message to email@example.com today.