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Wheaton family law attorney for divorce petitionsMarriages end for innumerable reasons. Sometimes, one spouse wants the divorce, while the other spouse believes that the marriage is salvageable. Other times, the spouses both agree that it is time to call it quits. Whatever your situation, you may have questions about the divorce process and how to get started. One particular question you may be asking yourself is, “Does it matter which spouse files for divorce?”

The Basics of Filing for Divorce in Illinois

In Illinois, a divorce is called a Dissolution of Marriage. The spouse who files the Petition for Dissolution of Marriage is the petitioner, and the other spouse is the respondent. To file for divorce in Illinois, at least one of the spouses must have lived in Illinois for at least 90 days prior to filing the petition. 

Illinois is a “no-fault” divorce state. This means that the spouses will not be asked to assign blame for the marriage ending. The only grounds for divorce in Illinois is “irreconcilable differences.” When determining the terms of a divorce, Illinois courts do not consider which spouse is the petitioner and which is the respondent. Both spouses are treated equally under the law.


Posted on in Divorce

Most books and advice columns focus on saving marriages, and for a good reason: divorce is hard, often painful, and expensive. Sometimes, though, it is better to know if you should let go. Marriages that are toxic, abusive, or beyond the point of salvaging are prime examples. No amount of work would likely repair such a marriage, and staying could result in more harm than good. So how do you know if your marriage is on route to divorce? The following information may help.

Time Apart Feels Like Relief

Spending time alone or with your friends can give you the chance to socialize, de-stress, or recharge. Unfortunately, this positive influence can turn into a bad one if you are using time away to avoid time with your spouse. The same goes for spending extra time at work, at the gym, or pursuing personal interests. If these things have become more of an escape and less about the sheer enjoyment, it may be time to consider moving forward with a divorce.

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