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Posted on in Divorce

Schaumburg Divorce Lawyers

Marriage is a union that brings two people together. In order to get married in Illinois, two adults age 18 years or older have to sign a marriage license at the county clerk’s office. After presenting proper identification and paying a fee, you can be legally married. It takes two consenting adults to get married, but when it comes to divorce, if one partner cannot be located, service by publication can be issued to relieve the abandoned partner.

When getting a divorce, the first step is to file a petition to end the marriage with the court. This involves paperwork you file with your local clerk’s office. Your petition will be assigned a case number and a judge, and a summons will be issued. The summons is what the other spouse receives to initiate the divorce process. There are five ways to provide this notice:

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Barrington divorce attorney missing spouseSometimes, when someone chooses to get a divorce, their spouse refuses to agree to the dissolution of their marriage. This may be due to denial or an attempt to control a spouse in the case of domestic abuse, or, in some cases, the couple may have separated, and a spouse cannot be located. If your spouse is refusing to cooperate in your divorce case, you should be sure to understand your legal options.

Irreconcilable Differences

In Illinois, irreconcilable differences are the only recognized grounds for divorce. This means that the couple is not able to solve the issues in their marriage. It is considered a no-fault ground for divorce, which means that neither spouse is to blame for the deterioration of the marriage. If a couple lives separately for at least six months, this is a presumption of irreconcilable differences.  

Some common reasons a spouse may refuse to agree to a divorce include:

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