What is the Illinois Divorce Process Like?  

 Posted on July 28, 2023 in Divorce

The divorce process can be difficult and painful, even under the best circumstances. Having to navigate the complicated legal process, plus the emotional and financial challenges, can be hard to manage on your own. While no two divorce proceedings are alike, most follow the same general format. Knowing and understanding the basics of the divorce process will help ensure your divorce goes as smoothly as possible. 

How Do I Start the Divorce Process? 

All divorces start with something called a “petition.” Even if both spouses want a divorce, one of them must file a petition asking a court to end their marriage. However, before you can file a petition, you have to make sure you have lived in Illinois for 90 days or more. If you just moved to Illinois, a court cannot take on your case until you have lived here long enough.

Do I Have to Prove My Spouse Did Something Wrong to Get a Divorce?

Illinois is a "no-fault" divorce state. This means that a court will end a marriage without requiring one spouse to prove that the other did something wrong. A divorce petition must state that the reason for divorce is “irreconcilable differences,” which simply means spouses have disagreements they cannot work out. However, a judge will still want to know that spouses have attempted to work out their differences and still believe it would be in the best interest of everyone if they ended their marriage. 

What if My Spouse Does Not Want to Get Divorced? 

If both spouses agree that there are irreconcilable differences, then the divorce petition will be approved without a waiting period. However, if a spouse files a divorce petition and the other spouse disagrees, the couple has to show they have lived “separate and apart” for at least six months. This does not always mean a couple has to live in different houses, which can be hard to afford; rather, they need to show that they are not appearing in public as a married couple, that they have stopped living as a married couple, and are no longer intimate. 

How Long Does Divorce Take? 

The length of the divorce process depends on a few factors, the most important of which is how quickly spouses can agree about important issues. These include: 

• Alimony, known in Illinois as “spousal support”

• Custody, known in Illinois as “parental responsibilities”

• Visitation, known in Illinois as “parenting time”

• Child support

• Property division

Sometimes, a judge will order a couple who cannot agree to get help from a professional mediator. In the most serious cases, such as cases involving domestic violence, a judge may get the facts from each spouse and make important decisions for them. 

How Do I Contact a Naperville, IL Divorce Lawyer? 

The process of divorce is not an easy one to go through by yourself, but knowing what to expect is a great start. Working with an experienced DuPage County divorce lawyer can help ensure you understand the process and that your rights are protected. Contact Pesce Law Group, P.C. today to learn how we can help you. Call 630-352-2240 to set up a free consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59