Naperville Divorce Attorney

Understanding the Basics of an Illinois Divorce

Even when you think your divorce may be amicable, many times the process brings to light hidden financial and emotional difficulties. Those problems tend to multiply and grow, especially if you were already on rocky ground. Whether you are the spouse that is filing for divorce, or you unexpectedly received divorce papers instead, a Naperville divorce attorney can help ensure that your rights are protected. 

Illinois Divorce Basics

Grounds for Divorce – In the State of Illinois, there are only no-fault divorces, so divorces are based on the concept of irreconcilable differences. The laws used to require spouses to live separately for a minimum of two years, but this is no longer required. Once the spouses agree that divorce is needed, proceedings will begin as soon as documentation is filed. Previous grounds for divorce such as adultery, bigamy, or abandonment may still impact the marriage and divorce proceedings but are no longer the grounds for divorce.

• Residency Requirements – In order to file for a divorce in the State of Illinois, you or your spouse are required to have lived in the state for at least 90 days prior to filing for divorce.
• Asset Division – Illinois is an equitable distribution state when it comes to marital assets. Unlike community property states that divide property down the middle, Illinois distributes assets in a manner they deem fair, which is not always equal.
• Petition of Dissolution – Whether it is you or your spouse, one of you will begin the divorce process by filing the Petition of Dissolution. If you both agree on all the terms of your divorce, your divorce will be uncontested. If there are areas that you disagree, your divorce will be contested, but this does not necessarily mean that you will not be able to reach an agreement outside of court.
• Discovery and Negotiation – During discovery, both of you will be required to provide your financial information and information regarding your assets. A hearing may be set and the attorneys for both parties will begin negotiations toward a settlement. If you are not able to reach an agreement, eventually your case will go to trial and a judge will determine the settlement.

Legal Separation

 Many people are not certain if divorce is right for them just yet. If that is the case for you, legal separation may be an option for you. This type of agreement allows the court to determine spousal maintenance, child support, and child custody. The spouses are allowed to live separately, but without dissolving their marriage.

Contact an Experienced Naperville Divorce Attorney Today

If you are considering divorce or legal separation, the Naperville divorce attorneys at the Law Office of Demetrios N. Dalmares & Associates, Ltd. can help you determine what your legal options are and help you ensure that your rights are protected no matter which option you choose. Contact us today to schedule a consultation.