Getting a divorce is an experience no one wants to go through. Yet each day, couples across Illinois decide to end their marriage and thus begin the less-than-pleasant process of getting divorced. Each state in the United States has its own set of laws governing divorce proceedings, and these laws can vary significantly. In Illinois, couples seeking a divorce may wonder if there is a mandatory separation period. 

If you have decided to begin the process of dissolving your marriage, contact an Illinois divorce lawyer to obtain the legal representation you need to ensure the divorce settlement you pursue can be one that favors you and your interests.

Understanding No-Fault Divorce

Illinois is among the states that have adopted a “no-fault” divorce system. Under this system, a spouse seeking a divorce is not required to prove their spouse took part in any wrongful conduct during their marriage that led to the disintegration of the marriage. Classic reasons for divorce, such as infidelity or abandonment, are considered non-relevant as a reason for getting a divorce. Instead, irreconcilable differences - which means the relationship has broken down to the point of no return - are the only grounds for 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.

Divorce is often an emotionally turbulent and legally complicated process with life-altering implications for the couple going through it and the family unit as a whole. As with any important process, it is crucial to approach it cautiously and avoid making mistakes that could jeopardize your financial security, emotional well-being, and the outcome of the case. 

Today, we will discuss some common errors people make during the divorce process and provide insights on how to avoid them. By being aware of these critical mistakes and taking steps to prevent their occurrence, you can lay the groundwork for a smoother divorce and a better future. If you have any questions as your divorce case proceeds, work with your attorney to ensure you make the best decisions possible for your case.

Trying to Do it Yourself

While it is true that there is no law that says you have to hire a divorce attorney when getting a divorce, trying to navigate the process alone is a recipe for disaster. Even in the most friendly circumstances, failing to hire a divorce lawyer can result in a divorce settlement that will not be in your best interest. Furthermore, it will likely also mean that the process is more stressful. You will have to read the law as well as any relevant case law, do all the paperwork yourself, gather any evidence, and potentially cross-examine your spouse and their witnesses. This process is best left to the professionals. 

During the divorce process, emotions run high, and suspicions may come up. It is not uncommon for people to wonder if it is legal to access their spouse’s phone to gather evidence of an affair or even find hidden assets. Today, we will explore the legality of looking through your spouse’s phone during a divorce. For questions, concerns, or anything else related to your divorce, consult an experienced divorce attorney to ensure every decision you make is legal and in your best interest. 

Expectation of Privacy

In most jurisdictions, people have a reasonable expectation of privacy, including within their electronic devices, such as phones. Looking through someone’s phone without permission generally violates their privacy rights. However, the rules surrounding this issue can depend on the specific situation.

Consent and Ownership

Going through someone’s phone without consent is typically considered an invasion of privacy, regardless of the fact that you are married. Personal boundaries and privacy rights still apply even if you suspect your spouse is hiding important information. It is important to remember that you probably do not have automatic permission to look through your spouse’s phone, particularly without their knowledge or consent. 

In an Illinois divorce case, proving domestic violence can have a significant impact on various aspects of the proceedings, especially child custody. While Illinois is a no-fault state for divorce, meaning neither party needs to prove any specific wrongdoing, showing a marriage suffered from domestic violence can play a large role in making child custody arrangements. 

Today, we will look at how domestic violence can be proven in an Illinois divorce case. If you have suffered from domestic violence and are concerned with how it may affect your divorce, talk to an attorney to see what measures can be taken so that violence is not a threat to you or your children ever again. 

Documentation and Evidence 

In the legal system, it takes more than mere words to prove someone is guilty. To prove domestic violence, it is essential to put together as much evidence as you can. This may include: