Getting Illinois Divorce
In Illinois, divorce is officially known as “Dissolution of marriage” and is not easy at all. A large number of litigations are involved in a divorce case. But getting a divorce in Illinois may become fast and easy if you and your spouse are in mutual agreement for divorce. You are also required to satisfy certain requirements as per the state’s law.
Residency Requirements in Illinois
To satisfy the residency requirement of Illinois, either of the divorcing spouses must legally reside in the state for not less than 90 days before filing for divorce.
Grounds for divorce in Illinois
Illinois belongs to the category of those states that offer fault as well as no-fault grounds as basis for divorce. In a no-fault divorce, either of the spouses doesn’t require to prove the wrongdoings of the other. Whereas in a fault based divorce, enough evidence must be produced in the court to prove the faults of the other spouse.
A no-fault divorce can be attained in this state if either of the spouses states that their marriage has permanently broken down and they have been living separately for more than 2 years. They also need to state that they had undergone counseling, but there is no chance of any reconciliation.
The fault based grounds include physical cruelty, addiction to drugs, adultery, mental cruelty, imprisonment, and impotency at the time of marriage.
Getting a Divorce in Illinois
Following are the steps for getting a divorce in Illinois:
- Petition: Filing of petition is the first step in getting a divorce. This can be done in person or online or with the help of a lawyer.
- Summons and Response: Summons is a formal notice which you need to send to your spouse stating your intent to obtain a divorce. Response is your spouse’s consent to begin a divorce.
- Motions: This is a request made by the petitioner to the court to pass temporary orders for child support and such related matters.
- Discovery: In this step, the couple gathers and produces evidences in support of their arguments. Everything is conducted outside the court to make the process simpler. All divorcing issues like property, assets, any liabilities, alimony and even child support are discussed and finalized. In case mediation doesn’t occur, all these issues are handled by the court.
- Hearings and Temporary Orders: There are situations when the court has to pass temporary orders on issues like temporary housing, spousal support, child custody, etc. These orders remain effective until final judgment is not passed.
- Trial: At the time of the trial, divorcing couples are required to be present in the court. A trial may include witnesses, financial experts, psychologists, etc. Both parties are also required to produce evidences like records of income, financial records, testimony of experts, etc.
- Final Judgment: A divorce decree is the proof that a divorce has been finalized.
For getting a divorce in Illinois, one must fulfill all the requirements of the state divorce laws. A fast divorce can be achieved if all the papers are in proper order.
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