How do I start my divorce case?
Here's an overview of what's typically involved:
1. Residency Requirement: Ensure that you or your spouse meet the residency requirement to file for divorce in Illinois. Either you or your spouse must have been a resident of Illinois for at least 90 days prior to filing for divorce.
2. Grounds for Divorce: Illinois is a no-fault divorce state, which means you don't have to prove fault to get divorced. The most common “ground” for divorce is irreconcilable differences resulting in the irretrievable breakdown of the marriage. There is a requirement that the parties be living separately for a period in excess of six months. However, this requirement does not necessarily require that the parties physically reside separately.
3. Prepare and File the Petition: The divorce process usually begins with one spouse (the petitioner) filing a Petition for Dissolution of Marriage with the circuit court in the county where either spouse resides. This document outlines the grounds for divorce and any requests for child custody, support, property division, or other matters.
4. Serve the Petition: Once the petition is filed, the other spouse (the respondent) must be formally served with a copy of the petition and a summons, which notifies them of the divorce action and their right to respond. Service can be done by a sheriff, private process server, or by mail with an acknowledgment of service.
5. Waiting Period: After being served, the respondent typically has 30 days to respond to the petition. If the respondent fails to respond within the specified time frame, the petitioner may proceed with the divorce by default.
6. Discovery: Both spouses may choose to exchange relevant information about assets, liabilities, income, expenses, and other pertinent matters through a process called discovery. This can include requests for documents (called Notice to Produce), written questions (called Interrogatories), and oral testimony under oath (called Depositions).
7. Resolution or Trial: If the spouses are unable to reach agreements on all issues, the case may proceed to trial, where a judge will hear evidence and make decisions on unresolved matters. However, many divorces are resolved through negotiation, mediation, or settlement conferences without the need for a trial.
8. Judgment of Dissolution: If the court finds that the grounds for divorce are met and all issues have been resolved, it will enter a Judgment of Dissolution of Marriage, officially ending the marriage.
9. Reconciliation: If you and you spouse decide to reconcile after filing for divorce in Illinois, you can choose to withdraw or voluntarily dismiss your case. The court will typically grant the motion and the divorce proceedings will be terminated.
It's important to note that the divorce process can vary depending on the specific circumstances of the case and whether the spouses are able to cooperate and reach agreements. Consulting with a knowledgeable family law attorney, such as Denise M. Kuzniewski, can provide personalized guidance and support throughout the process.
Contact The Law Office of Denise M. Kuzniewski in McHenry, IL Today
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