filing for divorce in collinsville il

The Process of Divorce Settlements

Filing for divorce in Illinois can get a bit complicated, depending on your circumstances and whether there are children involved. Although most folks need to work with a competent attorney in order to make sure the process goes off as smoothly as possible, this overview of the divorce process can help you understand what to expect.

meeting requirements for your divorce

Meeting Requirements for Divorce

In order to file for divorce in the state of Illinois, at least one of the parties must have lived in the state for a minimum of 90 days. Illinois must be the filing party’s primary state of residence, and the petition must be filed in the county where the filing party or the respondent resides. If you have children with the other party, then the children must have lived in the state for six months before you file.

most divorce settlements are no-fault cases

No-Fault Dissolution of Marriage

If you are filing for no-fault dissolution of marriage, then you must have been separated from your spouse for at least two years prior to petitioning the court for a divorce. If you both agree to the no-fault divorce, you need only be separated for six months. Most divorces in the state are no-fault divorces based on the marriage being irretrievably broken or the couple experiencing irreconcilable differences.

fault-based divorce claims

Fault-Based Dissolution of Marriage

Illinois’ law also offers fault-based marriage dissolution. This type of divorce is generally sought when a prenuptial agreement is in place that lays out terms for property division based on the cause of the ultimate dissolution. Some of the grounds for fault-based dissolution of marriage in Illinois include:

the divorce filing process

The Filing Process

In addition to filling out the forms to begin the dissolution of the marriage process, you may also need to file forms regarding parenting responsibilities, child custody, and child support. Financial disclosure may also be required by both spouses. Once all documents have been completed, you or your attorney will have the responding spouse served with papers. You will need to appear in court, potentially several times, as your case moves through the system.

Reach out to a Collinsville, IL divorce lawyer or family law attorney to discuss your case with a professional who knows the ropes when it comes to marriage dissolution.