Table of Contents
Table of Contents
Ending a marriage is never easy. But when you’ve reached the difficult decision to divorce, knowledge is power. Understanding the initial steps and key considerations can help you approach the process with confidence and clarity. This guide will equip you with the essential information you need to get started with your Illinois divorce case.
Understanding the Basics: No-fault Divorce
Illinois is a no-fault divorce state. This means you don’t need to prove any marital misconduct like infidelity or abuse to get a divorce. Simply stating that your marriage is “irretrievably broken” is sufficient in Illinois. Irretrievably broken essentially means that the marriage is beyond repair. Simply put, a court will consider a marriage irretrievably broken if the spouses have tried (or it’s clear trying wouldn’t help) and there’s no reasonable expectation of reconciliation.
Residency Requirements
Before you can file for divorce in Illinois, either you or your spouse must have lived in the state for at least 90 days. This ensures Illinois courts have the authority to handle your case and prevents forum shopping (using a state’s laws for convenience).
Initial Steps to Begin Your Divorce Case
Consult With a Family Law Attorney
An experienced family law attorney is your trusted advisor throughout the legal process. It is imperative to find one that you trust. During your initial consultation, you’ll discuss the specifics of your situation, including whether you have children, child custody concerns, property division, and financial considerations. An experienced attorney will provide you with a clear understanding of your rights and options, navigate the legalities, and advocate for your best interests. They will help you make informed decisions from the outset. Plus, it’s nice to have someone in your corner.
Gather Important Documents
Start collecting documents like bank statements, pay stubs, property deeds, and tax returns. This will be crucial for completing financial affidavits, which are required by law to be exchanged in all Illinois divorce cases. These affidavits provide a detailed picture of your finances, including income, assets, expenses and debts. Having these documents ready will streamline the discovery process and negotiations, saving time and money and reducing stress.
File the Petition for Dissolution of Marriage
Your attorney will help you prepare and file the petition for dissolution of marriage with the circuit court in the county where you or your spouse resides. Filing this petition officially begins the legal process of divorce. This allows you to get a case number and be assigned a judge.
Service of Process
Typically, your spouse will be served with the divorce petition, formally notifying them of the filing. This step is legally required to ensure both parties are aware of the proceedings. In some cases, however, where both parties are cooperative, an attorney may file an appearance on your spouse’s behalf, eliminating the need for formal service.
Next Steps Through the Rest of the Case
Once service is completed and all parties have appeared, the court will set an initial date and require the exchange of financial affidavits and may initiate the discovery process. These steps are crucial for addressing all pertinent issues, including child custody, property division and spousal maintenance. As the case progresses, both parties will address these issues through negotiations or court hearings. The case will continue to move forward until all issues are resolved either through a settlement or by going to trial.
Key Considerations
- Allocation of Parental Responsibilities: Deciding the allocation of parental responsibilities can be the most emotional aspect of a divorce. Illinois courts prioritize the best interests of the child above all else. This means considering factors like the child’s age, health, relationship with each parent, stability of their home environment and the ability of each parent to provide care. Working with your attorney to develop a detailed parenting plan that outlines parenting time and decision-making responsibilities is crucial.
- Child Support: The non-custodial parent may be required to pay child support to help cover the child’s living expenses. The amount is typically determined based on both parents’ incomes and the needs of the child.
- Property Division: Marital assets and debts will be divided equitably, considering factors like the length of the marriage, each spouse’s contributions and future needs.
- Spousal Maintenance: Depending on factors like income disparity and the length of the marriage, one spouse may be awarded maintenance (formerly known as alimony).
The Importance of Legal Guidance
Every divorce is unique, and having an experienced Illinois family law attorney by your side is crucial. They can guide you through the complexities, mediate negotiations and represent you in court if necessary.
Your Path Forward
Divorce can be challenging, but understanding the process empowers you to navigate it with greater confidence. While this guide provides a roadmap, remember, legal advice is crucial for your specific situation. At Merel Family Law, we’re committed to supporting you through every stage of your divorce. Reach out to us today for a consultation and let us help you take the first step toward a new beginning.
Written By Brett Kaplan
Brett N. Kaplan is an Associate Attorney at Merel Family Law who brings a wealth of litigation experience and dedication to every case he handles. Brett got his start in personal injury and general litigation, where he gained invaluable trial experience that he uses to capably navigate any courtroom. His passion for fiercely advocating on behalf of his clients knows no bounds.
