Filing for Divorce in Illinois

 Posted on May 06, 2024 in Family Law

Divorce is generally not something done on the spur of the moment. It sometimes takes years for couples and individuals who are unhappy in their marriage to decide to get a divorce. In that time, they might be trying to reconcile, speaking with others who have been through divorce, and trying to picture what their future would be like outside the marriage. You may have been contemplating divorce for a while and are now ready to consider the practical matters involved, like how someone actually files for divorce. This article will explore some aspects of filing for divorce in Illinois. If you think this might be relevant for you, speak with a qualified Wheaton, IL family law attorney for personalized legal advice.

Where Should We File for Divorce?

While all courts in the state of Illinois are subject to the same laws, different county courts have reputations for ruling in certain ways on various issues. You might prefer to file and have your divorce proceedings take place in a certain county, but for that to happen, you need to meet the state’s residency requirements:

• At least one of the spouses needs to have lived in Illinois for at least 90 days before either of you filed for divorce in the state.
• If you have minor children, they must have lived in Illinois either since birth or for at least 180 days.

Either spouse can file for divorce, but they need to do so in a specific county that meets one of two conditions:

• At least one of the spouses lives there
• The majority of the marriage happened there

What Happens After We File for Divorce?

When someone files for divorce, they submit the proposed terms of their divorce, which addresses issues like spousal support, a parenting plan, and division of property. Regardless of who filed for divorce, the other spouse has 30 days to respond. If they agree to the proposed terms, the couple has the opportunity to proceed with an uncontested divorce.

Schedule a Free Consultation with an Illinois Divorce Lawyer

If you and your spouse are thinking about divorce, you might have many questions about the process. A skilled DuPage County, IL family law attorney can help shed some light. At [[title], we are compassionate about protecting our clients’ rights and getting them the best outcome possible. Please call us at 630-474-0925 to schedule a free consultation.