Divorce Guide

Divorce Guide

Illinois divorce court

Illinois divorce court deals with family issues and other financial issues involved in the divorce case of Illinois. It can be filed by any of the spouse to end the marriage. This process is also known as dissolution of marriage.

To file for Illinois divorce, it is necessary to follow the residential requirements and grounds as per mentioned by the Illinois law. Like any other state it follows the same procedure of filing. The process is not difficult once you fulfill all the necessary requirements. Before filing the petition, one spouse must have lived in Illinois for 90 days. The petition must be filed in the county where either of the spouses lives.

Other than residential requirements there are certain grounds which can be used for filing. Illinois is one of the states that have maintained the traditional fault basis divorce, but it also allows the divorce on no-fault basis. To file divorce on no-fault basis, both the spouses must be living separately for at least two years, and state the marriage breakdown on irreconcilable differences. Illinois divorce laws state the grounds for fault divorce that includes: adultery, impotence, desertion, mental health issues, previously married and never divorced, mental and physical cruelty and imprisonment.

Process of filing for divorce in Illinois divorce court:

  • The petition for marriage breakdown is the first document filed with the Illinois divorce court. Before filing the petition, make sure you fulfill all the legal requirements mentioned by Illinois law. You should also have the proof for the ground on which you have decided to file for divorce.
  • File the petition in the local court of the county, where either spouse stays. You can get the form from the courthouse. You must also highlight the general terms related to child custody and property division. Pay the necessary filing fee and the hearing date will b set after that and summon will be issues
  • Serve the petition along with necessary documents to your spouse. File the copy of petition to the court at the same time. The respondent has 30 days to respond after the documents are served. If you donít receive the response; a default can be entered in favor of the parson filing the petition.
  • Prove the grounds whether the divorce is made on fault or no fault basis. If divorce is to be made on irreconcilable differences, you donít have the burden of proof.
  • Conduct the pretrial conference, where temporary issues are considered. The judge gives suggestions during this conference reflecting on how you will deal with the dispute, if the trail goes forwards.
  • Depending on the nature of issues, the process might take hours or several weeks also. Once the issues are discussed, draft and file the marital agreement. This agreement states whether the divorce terms are determined by negotiations or ordered by judge. The document is then filed with the court, after which judge signs the final decree.

Thus in short, the process starts when you file for petition and ends by following the judgeís order once decree is signed. Issues like child custody, alimony, property division, child support, and visitation and debt issues are primarily covered in Illinois divorce court.

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