How Do You File for Divorce in Illinois?

 Posted on August 08, 2023 in Divorce

 Filing for divorce is a complex process filled with various legal steps and requirements. If you are considering getting a divorce in Illinois, it is essential to fully understand the necessary procedures to ensure a smooth and successful dissolution of your marriage. Today, we will outline key steps you need to take when filing for divorce in Illinois. As you move through the process of dissolving your marriage, think of your attorney as a resource and guide as you work through this difficult process. 

Are You Eligible for a Divorce? 

To file for divorce in Illinois, you or your spouse must have been a state resident for at least 90 days before filing. Ensuring you or your spouse meet these eligibility requirements is the first step towards dissolving your marriage.

Grounds for Divorce

Illinois operates as a no-fault divorce state. This means neither spouse is required to prove or assign blame to their partner for wrongdoing during the course of the marriage for the divorce to be granted. Irreconcilable differences are the only grounds for divorce in the state. Essentially, irreconcilable differences mean that the spouses have agreed that the marriage can no longer be saved.

Prepare and File the Petition

To initiate the divorce process, one spouse must file a petition for divorce in the appropriate county in which either spouse resides. The petition contains important information, including the grounds of the divorce and requests for child custody, child support, and property division. 

Serve the Petition 

Once the petition is filed, it must be served to the other spouse, giving them notice of the divorce proceedings. This can be done through personal service, where a third party delivers the paperwork to the spouse, or through certified mail with a return receipt. 

Responding to the Petition

The respondent spouse must file a response to the divorce within 30 days, acknowledging receipt of the paperwork and indicating whether they contest any of the issues raised in the petition. If the respondent fails to respond within this allotted time, the petitioner can ask the court for a default judgment in the case.

Negotiation and Settlement 

Once both parties have responded, negotiations can begin regarding issues like child custody, child support, property division, and more. Always hire a divorce attorney to ensure your rights and interests are protected in case things become hostile. 

Contact the DuPage County, IL Divorce Lawyer 

The divorce process can be grueling. Sadly, many believe that by not hiring a lawyer, they can move through the process quicker and for less money. This is often false. To protect yourself during your divorce, contact the distinguished Wheaton divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. 

Source - https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59