How to Start the Divorce Process in DuPage County, Illinois

 Posted on January 13, 2023 in DuPage County Divorce Attorneys

Starting the divorce process might feel like an insurmountable challenge. Everyone engaged in a divorce suffers greatly emotionally, but navigating the process's legal steps and administrative details may also be stressful. Starting might be the hardest part, as it is with many things in life. The Andrew Cores Family Law Group has years of experience to assist you in taking that initial step and starting your new life.

Determine Your Own Divorce Situation

There are numerous factors to take into account while starting the divorce procedure, but the marriage itself must be evaluated first to decide where to start.

Many factors will determine how to approach ending the marriage. Think about it:

• Is the divorce in dispute? For a divorce to be uncontested, both parties must consent to end the marriage and agree on the relevant divorce issues, such as property division and allocation of parental responsibilities. If the spouses disagree on one or more of these issues, it will impact how the couples' property, financial, and custody disputes are resolved. 

• Who filed the divorce petition? The divorce petitioner will be the one to file the necessary paperwork to dissolve the marriage. The responder will then be the opposite spouse. If the respondent does not reply, the petitioner may request a default divorce from the court and move on without consulting the respondent.

• What is the current living situation? Living apart is not a requirement in Illinois for divorce. However, the way you live will probably have an impact on how your divorce goes. For example, courts typically seek to maintain the status quo when it comes to child custody issues. If one spouse is currently living in the marital home with the children, the court may wish to maintain this custody arrangement to avoid disrupting the children’s lives. 

File the Petition for Dissolution of Marriage

You must first submit a petition for divorce to start the divorce process. The petition will contain a variety of details on both spouses, such as:

• Date and location of marriage

• Addresses and ages of both spouses

• The grounds for divorce (irreconcilable differences is currently the only available ground for divorce in Illinois)

As long as one spouse continues to reside in the county, the petition must be submitted at the county courthouse. This petition may be submitted in person or online. The next step is to submit your spouse a Petition for Dissolution of Marriage and a Summons to Court. The spouse now has 30 days from notice to react; if they do not, you can request a hearing date in the absence of a response.

Contact a Dupage County, IL Divorce Lawyer

Please get in touch with our knowledgeable Wheaton family law attorneys at the Andrew Cores Family Law Group if you are starting the divorce process. We can guide you through the process and provide the legal support you need. For a free consultation, contact us at 630-871-1002.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000