If one spouse contests the grounds of irreconcilable differences, then a waiting period is required before the divorce can be finalized.
Divorce in Illinois – FAQs
Once you can prove a six-month separation, then the requirement of irreconcilable differences has been met. And while you are supposed to file in the county where one spouse resides, if nobody objects, a divorce can be filed in any county the parties choose. Our experienced lawyers are there to help establish support payments and explain the types of support that you may be entitled to receive or be required to pay. Illinois divorce law is complicated and changing, and the facts and circumstances of each case are different , so it makes sense to seek legal counsel to represent your interests.
We offer a free consultation to discuss your individual divorce issues and answer your questions. We handle cases throughout Illinois and have offices in Woodridge and the entire Chicagoland area. Our team is committed to open communication and developing a strong relationship with each of our clients. We are good listeners and provide honest answers to questions our clients have.
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In a domestic violence case for example, calling for a restraining order upon the domestic violence offender would be a type of temporary stabilization. However, a spouse does not have to leave the living condition if he or she is not harming the other spouse and or children. Anything day to day is handled in the temporary phase.
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The Discovery Phase This phase in the divorce involves the identification of the contested issues. If little is contested as far as assets and debts, some couples may choose to waive formal discovery. However, in many cases a spouse wants to be certain that the estimate provided by their spouse is true and attributable.
In this case, formal discovery is necessary. In formal discovery requests are made for documents and financial statements.
What are the Legal Issues Involved in Ending a Marriage
During the discovery phase parents are also supposed to determine what type of custody they are fighting for. If parents are fighting for physical custody of the child, often the parents must attend Mediation and alternative dispute system that employs a trained family law mediation who attempts to resolve all the disputes.
Also, the court might appoint a "Guardian Aid" to the child. The Guardian Aid advocates for the best interests of the child and reports to the court in attempts to finding what living situation and custody situation is best for the child.
Divorce in Illinois: Your Complete Started Guide
This phase is a bit ambiguous. For some couples this phase is the longest and the most drawn out, for others where their assets are easy to identify and they have no children this phase could almost be virtually eliminated. The Resolution Phase This phase is usually where the case settles. Each case is different, but with compromise many cases can find a settlement. It becomes impractical to fight over little things, and once a divorce has reached this stage the process itself has been going on for at least 3 months.
The experience is trying and a settlement is usually in the best interest of almost everyone. If a case is being settled then the settlement documents are then prepared and signed by both parties.
A short hearing is then held in front of a Judge. This "Prove — Up" Hearing is meant so that the judge can hear what the circumstances and settlement are. If the judge finds this settlement unfair i. Of course if there are large contested issues, such as custody, the case goes before a Judge without a jury. The Judge then decides how things will be divided based on the evidence collected in the discovery phase.
How to qualify for no-fault divorce
A trial can last anywhere from a week to several years, with a resolution coming over a long period of time. Whether or not your divorce goes to trial, if you feel like you need help don't hesitate to contact a lawyer. Legal Advice in Minutes. Related Documents Affidavit of Consent. Customers love us. All the legal help you need.
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