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A Closer Look at the Illinois Divorce Process

Posted on in Divorce

Orland Park divorce lawyer

Frequently, legal blogs provide a concentrated look at the parts and pieces that make up a divorce. They explain each area in-depth and look at the finer details of the different aspects of divorce. However, it is also important to take more of a bird’s-eye view at the divorce process to understand how it plays out as a whole. Hiring an experienced divorce attorney is always the first step you should take. Not only can an attorney give you a better idea of what the road ahead of you looks like, but he or she can provide an outside perspective on your case while advocating on your behalf.

Filing a Petition

As with any legal process, the court must be notified of the impending legal action. A person who wishes to get a divorce must file a petition. The state of Illinois does not have a waiting period to file a petition, but at least one of the spouses must legally reside in the state on the day of the filing. In order for an Illinois judge to grant the divorce, one spouse must have legally resided in Illinois for 90 days before the judgment.

The only grounds for divorce that are allowed in Illinois are irreconcilable differences, so a divorce petition will state that the couple's marriage has broken down and is beyond repair. It is usually not necessary to prove irreconcilable differences unless one spouse objects to the divorce. However if the spouses have lived apart for six consecutive months, irreconcilable differences will be presumed. 

Temporary orders are occasionally used during the divorce proceedings, since some divorces take a fairly significant amount of time to complete. These orders can address spousal maintenance, child custody, and child support arrangements that will exist until the divorce is finalized.

Agreement or Trial?

Before a divorce can be completed, couples will need to address all outstanding legal issues involved in dissolving their marriage, including the division of property and debts, spousal maintenance arrangements, child custody and visitation decisions, and child support payments. Reaching an agreement on these issues requires compromise from both parties, and disputes and disagreements can generate strong emotions. Resolution of these matters can happen quickly, or it can take months. In some cases, the couple may not be able to come to a resolution without the intervention of a judge. However, going to trial makes the divorce much more expensive and lengthy, so couples are encouraged to resolve their issues through negotiation or mediation. Ultimately, the final decisions will be combined into a marital settlement agreement and parenting plan, and a prove-up hearing will be held in which the judge will approve the agreement and issue the final divorce decree. 

Contact an Orland Park Divorce Attorney

Selecting your divorce attorney is one of the most important parts of the divorce process. He or she will guide you through the proceedings, fight for your interests, and keep you informed on the progress of your case every step of the way. At Anderson and Associates, P.C., we have many attorneys who are well-versed in divorce law. If you are considering filing for divorce, contact our Orland Park divorce lawyers at 708-226-9904 for an consultation.




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