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 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.
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 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:
- Natural impotence of one spouse
- Abandonment for a minimum of one year
- Drug addiction
- Alcohol abuse
- Physical or mental cruelty
- Felonious conviction of one spouse
- Infection of one spouse with sexually transmitted disease
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.