Tag Archives: filing for divorce

IL divorce lawyerPeople going through a divorce typically want the process over with as soon as possible. Delays in a divorce case are not only stressful, but they are also very costly. Spouses do not want to pay the exorbitant fees associated with a lengthy trial or mediation process, and they usually want to move forward in their new life as soon as possible. If you are going through a divorce, below are some ways to expedite the process so your divorce is finalized as quickly as possible.

Keep Fighting to a Minimum

Fighting with your spouses will always prolong the divorce process. Every time there is a dispute, there are additional court hearings or mediation sessions and all of that takes more time and money. Of course, you do not want to give in on every term just to expedite the divorce, as that could result in you signing some of your rights away. Still, it is important to identify early in the process what is most important to you and what terms you are willing to compromise on with your spouse. This is the surest way to expedite the divorce process.

Collect Documents Quickly

You will need to collect many documents when going through a divorce, including tax returns, school schedules, and banking documents. When working with an attorney during your divorce, they will likely ask for these documents fairly early in the process. When they do, you should submit them as soon as possible. Before handing them over to any other party, an attorney will need to thoroughly review these documents to gain a better understanding of your case. Other times, they will need to make certain calculations based on that information. The sooner you can provide what is requested of you, the sooner your case will be finalized.

...
Continue reading

IL divorce lawyerAfter making the difficult decision to divorce, most people would like the entire process to be over with as soon as possible. Unfortunately, divorce is not an automatic process and in Illinois, there are two different waiting periods couples must be aware of. Individuals that wish to file for divorce must have lived in the state for a certain period of time, and then comply with the mandatory waiting period.

The Residential Requirement

The legal statute governing divorce in Illinois states that the couple must live in the state for 90 days prior to filing. In many cases, this is not an issue but there are instances in which this waiting period may present an issue. For example, if the couple has physically separated and one spouse has been living in Texas for some time, they may want to file in that state instead, particularly if laws on the terms of divorce, such as property division laws, would favor them in a different state. In this situation, it is crucial to speak to a lawyer that can help you determine where the case should be heard.

The Separation Requirement

Historically in Illinois, the couple had to separate for two years before a divorce, if a spouse filed under the no-fault divorce laws at the time. If the filing spouse had alleged fault on the part of their spouse, such as mental cruelty, that waiting period could be reduced to six months. Illinois has not operated under these laws for a long time.

...
Continue reading

IL divorce lawyerWhen considering divorce, you are likely thinking about how it could be a long process, and the many steps you will have to take throughout it. While the actions you take during divorce will depend on the specifics of your case, there are also some things that anyone considering divorce should do before they even file. The most important of these are listed below.

Prepare Financially

You will need a lot of documentation during your divorce case. Now is the time to collect records of financial accounts, phone records, car notes, and mortgages. Many times, spouses share these documents and when that is the case, you should take photocopies of the documentation and store them in a safe place.

Be Realistic About Child Custody

If you have children, custody issues are likely to be one of your biggest concerns as you consider divorce. It is important to remember that in most cases, a judge will award both parents time with the child unless there is an extreme situation such as addiction or domestic violence. Reviewing your work schedule, your child’s schedule, and the obligations you have will greatly help you prepare for the child custody process. If you and your spouse can reach a child custody agreement that is fair, your divorce will proceed much quicker and much more smoothly.

...
Continue reading

Il divorce lawyerFour out of 10 marriages end in divorce, with the average marriage that ends in divorce lasting seven years. As such, it is not uncommon for a married couple to come to the conclusion that their differences are irreparable, and that divorce is the best option. However, some divorces come as a surprise to one of the spouses, previously having assumed that everything was either fine, or the conflict within the marriage was manageable and possible to work through. Whether you were caught completely off guard or you suspected that divorce would be the inevitable conclusion of your marriage, an experienced divorce attorney can help you through the complex and stressful process of divorce, and protect your interests along the way.

The First Step of Divorce: Filing a Petition to Terminate the Marriage

Chances are that your spouse will file a petition for divorce (Petition for Dissolution of Marriage) with the court since he or she was the initiator of the divorce. In order to get a divorce in Illinois, at least one of the parties must have resided in Illinois for at least 90 days before filing, and if you and your spouse have children together, they must have lived in Illinois for at least six months, according to 750 ILCS 5/ Illinois Marriage and Dissolution of Marriage Act.

Temporary Orders

The next step of divorce is requesting temporary orders, if necessary. Spouses often need to figure out different living arrangements and parenting responsibilities during the six months or more that it takes a divorce to finalize. A temporary order may involve creating a parenting plan, child support, or spousal support for temporary maintenance.

...
Continue reading

IL divorce lawyerThere are around 5,000 marriages per year in DuPage County, and there are almost half as many divorces annually, according to the Illinois Department of Public Health. The first step of divorce begins with what is called the petition for divorce. The petition for divorce is served by one spouse to the other. The spouse that serves the petition to the other is called the petitioner. First, they must file papers with the court, after which they are required to legally deliver, or serve, the petition to the other spouse.

What Information Does the Petition Include?

The petition for divorce generally includes all of the following information:

  • Location of marriage
  • Date of marriage
  • Names and addresses of the spouses
  • Names of children
  • Grounds for divorce
  • Statement that at least one spouse has had residency in the state for at least 90 days, allowing the divorce to take place in Illinois, as per 750 ILCS 5/401
  • Information about how the petitioner wants to settle matters such as division of marital assets, child custody, child support, and alimony

Temporary Orders

A petition for divorce may request the court to place temporary orders to help with the following:

...
Continue reading

Recent Blog Posts

Categories

Archives

Free Initial Consultations

phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
address21 North 4th Street, Geneva, IL 60134
Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

© 2020 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience

X