An Overview of the Divorce Process in Illinois

 Posted on December 19, 2022 in Family Law

People often spend months and even years thinking about divorce before actually beginning the process. The reasons for this are myriad: not being sure whether you really want to end the relationship, concern about divorce’s effects on young children, uncertainty about the divorce process itself. Whatever the reason, gathering information about how to get divorced in Illinois is an important first step for eventually leaving an unhappy or abusive marriage. 

While there are seemingly endless resources available online to help coach people through divorce, the process can be very complex and there is no substitute for an experienced divorce attorney who is looking out for a client’s best interests. If you want to know more about the divorce process in Illinois, read on and then contact one of the divorce lawyers with NN Legal Group for more information about your specific case. 

Where Do I File for Divorce? 

A divorce case needs to be filed in the county where one of the spouses lives, or where the majority of the marriage took place. For example, if a couple lived in Cook County for most of their marriage but recently separated and one spouse moved to DuPage County while the other moved to Will County, any of those three counties could process the divorce. However, different counties sometimes have different reputations for ruling on certain divorce issues, so it may also be worth your while to gather information about each county’s court system. Before filing for divorce, make sure you meet Illinois’ residency requirements - either you or your spouse must have lived in the state for at least 90 days before filing, and if you have minor children, the children must have lived in the state for at least 180 days or since birth. 

I Just Filed for Divorce. Now What? 

Once you file for divorce, your spouse will have 30 days to respond. They can contest your terms and offer their own proposal on issues like property division, spousal support, and a parenting plan, or agree to your terms and move forward with an uncontested divorce. Also, if your spouse agrees to the divorce and knows you are filing, you do not have to serve them with divorce papers because they can sign a paper agreeing to waive the service. This can help speed things up and avoid uncomfortable exposure at home or work. 

If you and your spouse do not agree on the terms of your divorce, a judge may order you to attend mediation to try to resolve your differences. If this is impossible, in rare instances cases will proceed to be decided by a judge. Whether created by you or a judge, once you have a divorce decree that you and your spouse both agree to, your case will move forward to the prove-up hearing, in which your case will be finalized. 

Meet with a DuPage County Divorce Lawyer

Getting divorced can be intimidating, but an experienced Wheaton, IL divorce attorney can help you understand what you need to do and guide you every step of the way. If you are considering divorce, schedule a free, no-pressure consultation with our firm and we will help you understand your rights under the law. Call NN Legal Group today at 630-474-0925. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000