What are the Requirements to File for Divorce in Illinois?

 Posted on August 03, 2023 in Family Law

Although divorce is often nuanced with many other issues and emotionally charged, it is a legal process at its roots. If you or your spouse have filed for divorce, you need representation from the most skilled Hinsdale divorce lawyers available. You can find them at the Law Office of Martoccio & Martoccio.  We handle the legal details for you and ensure everything is handled correctly so that you can focus on yourself and your children. 

Divorce Requirements in Illinois

Unlike some other states, Illinois has some very simple rules to qualify for a divorce. Here is what you need to know about the requirements for divorce in this state:

• Residency Requirements: You or your spouse must have lived in Illinois for at least 90 days before filing for divorce.

• Grounds for Divorce: Illinois is a no-fault divorce state, meaning you do not need to prove that either party is at fault for the marriage's breakdown. The only grounds for divorce in Illinois are "irreconcilable differences" or "irretrievable breakdown of the marriage."

• Filing the Petition: To initiate the divorce process, one spouse (the petitioner) must file a petition for dissolution of marriage with the appropriate circuit court. The filing can be done in the county where either spouse resides.

Is a Divorce Attorney Necessary?

Sure, divorces are common, but that doesn't mean they can be handled by those going through them. You are not legally mandated to obtain the representation of an attorney when going through a divorce, although hiring one will likely be the best decision you make concerning your divorce as it impacts all other outcomes.

Illinois divorce laws can be complex and challenging for even attorneys to understand at times. Representing yourself or hiring an attorney who practices many different types of law can cause you to risk many critical elements in your divorce. You need a Hinsdale divorce attorney who is well-versed in the law, willing to negotiate for an uncontested divorce, and compassionate towards your needs. 

The Divorce Process

Once one spouse files for a divorce, copies of the filing must be sent to the other spouse. If the non-filing spouse disagrees with anything in the divorce petition, they will have time to contest the divorce. In a contested divorce, the couple will likely be in court several times while the terms of their divorce are ironed out. The divorce is uncontested if the non-filing spouse agrees with the divorce petition. After a certain period of time, if the non-filing spouse does not respond, the filing spouse can proceed with an uncontested divorce. 

Our Hinsdale Divorce Attorneys are Here for You

Divorce is often a tumultuous time, but you can find peace of mind knowing that you have a seasoned Hinsdale divorce lawyer on your side. We are here to answer your questions and do everything we can to help this process go smoothly for you. Let us help you work towards a brighter future. Take the first step by contacting us to schedule your free initial legal consultation. We can be reached online or by phone at 630-920-8855.