Contact a John Casey today for more about the divorce process: 630-480-4280
Divorce is one of the most stressful and emotionally challenging times you can experience. For this reason, it is not the time to overwhelm yourself with learning the ins and outs of the entire legal system and the nuances of Illinois law. In the end, this approach will not save you money and it will not save you time; it will simply make it more likely that mistakes are made mistakes that ultimately prevent you from achieving your goals: custody, equitable division of assets, visitation, etc.
In times like these, it is so important to turn to an experienced attorney who listens and gives you an honest assessment of your case. During this time of transition, you need an attorney who will fight vigorously, if needed, but who will also provide wise counsel designed to save you the expense and inconvenience of needless litigation. But, should litigation be necessary, your attorneys should understand how to try a case. Not every lawyer is a trial lawyer.
Obtaining a divorce in Illinois
Illinois law allows married people to obtain a divorce without fault or blame on the grounds of "irreconcilable differences."
If you and your spouse agree (or are close to agreement) on matters of the division of property, custody of minor children, and support, we can prepare the appropriate documents, mediate any outstanding issues, and handle the final court appearance, called the "prove-up". These types of matters can be handled with reduced fees and less inconvenience for the parties.
Because divorce is a legal issue that will likely have a long lasting impact on you, your family group, your financial well-being, and every other facet of your life including your health we work to provide you the most comprehensive, detailed, and thorough legal services possible.
The Divorce Process
In order to file for divorce (called the Petition for Dissolution of Marriage) in Illinois, it must be determined that the Circuit Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Illinois residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides. (750 Illinois Compiled Statutes Chapter 5 Sections: 104 and 401)