Knowledgeable Divorce Attorneys Explaining Illinois Divorce Requirements in Wheaton, IL
A petition for divorce will often state the specific reasons the divorce is taking place, known as "grounds for divorce." A divorce is technically referred to as a "Judgment for Dissolution of Marriage," and, for many years, divorces in the state of Illinois could be based on "fault" or "no-fault" grounds. However, the law has since changed to only permit no-fault grounds for divorce. If you are not sure how this will affect your pending dissolution, reach out to a Wheaton, Illinois divorce lawyer today.
At Musielak & Rosinski LLC, we can review your case and guide you through the filing process. We have helped numerous clients with the divorce process over the years, giving us a deep understanding of the exact grounds for divorce in the state.
Updated Divorce Laws in 2016
As of January 1, 2016, a divorce in Illinois can only be granted on the grounds of "irreconcilable differences." In order to use these grounds, also known as a "no-fault divorce," a divorce petition must state that irreconcilable differences have caused an irretrievable breakdown of the marriage, efforts at reconciliation have failed, and future efforts at reconciliation would not be in the best interests of the family.
Prior to the law change, couples using irreconcilable differences as grounds for divorce were required to live "separate and apart" for at least two years. This mandatory separation period has been eliminated under the new law. A six-month separation, however, will be accepted by the court as proof of irreconcilable differences in the event that one party contests the grounds for divorce.
Where Do You File a Divorce Petition in DuPage County?
A divorce case in Illinois begins when one spouse files a petition for dissolution of marriage in the circuit court. If you live in DuPage County, this petition is filed with the Circuit Court of DuPage County, located in Wheaton. Illinois law requires that at least one spouse have lived in the state for 90 days before filing, and the petition is typically filed in the county where either spouse resides. Once the petition is filed, the other spouse must be formally served with notice of the case.
From there, both parties move through steps such as financial disclosure, negotiation, and, if necessary, courtroom hearings before the dissolution of marriage is finalized. Filing in the correct county and following the proper procedures can help avoid delays. Our family law attorneys can help make sure your petition is filed correctly from the start.
What Is a Default Divorce?
A default divorce can occur when one spouse files for divorce and the other party does not respond within the allotted time frame. If the responding spouse fails to file an appearance or answer after being properly served, the court may allow the case to proceed without their participation. This can result in the judge granting the divorce and ruling on issues based largely on the information provided by the filing spouse.
A default divorce does not necessarily mean the case is rushed or unfair, but it does mean the non-responding spouse loses the chance to argue their case on issues like property division, spousal support, and other matters. If you have been served with divorce papers, responding on time can help protect your rights and ensure your voice is heard throughout the process. Even a short delay in responding can restrict your options later in the case.
Contact an Experienced DuPage County Family Lawyer
For more information about grounds for divorce in Illinois and to learn more about your options, we invite you to discuss your matters with one of our experienced attorneys at Musielak & Rosinski LLC. Reach out to our Wheaton divorce attorneys online or call 630-344-6525 to set up a complimentary consultation. We represent clients in DuPage County and Kendall County.