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What is the Divorce Process in Illinois?

Posted on in Divorce

Schaumburg divorce lawyers

Deciding to get a divorce is the first step to complete the legal process. Whether you and your spouse make the decision together, or it is a one-sided decision, the process of getting a divorce can seem overwhelming. Having experienced legal counsel will make the divorce process easier, particularly if any issues arise. 

Illinois Divorce Laws

In Illinois, divorce is legally referred to as the dissolution of marriage. To file for divorce in Illinois, you must have resided in the state for at least 90 days. To begin the legal process, the first step is to hire a skilled divorce attorney who can complete all the required paperwork. Details about your marriage and your spouse will be included, including where you were married, places of employment, and addresses. These forms must be filed with the county court you are asking for a divorce. There will be a filing fee, and if necessary, a service fee. 

After filing your documents, the next step is to notify your spouse with a summons notice. If your spouse is a knowing participant in the divorce, he or she can sign an Entry of Appearance. Doing this allows you to ask for a court date and skip your spouse being summoned. Otherwise, your spouse will receive the summons and return of service. Your spouse has 30 days from receiving the summons to respond.

How your divorce proceeds depends on the level of cooperation between you and your soon-to-be ex-spouse. Through negotiations via your respective attorneys or mediation, you can maintain full control of all decisions, including child custody, child support, spousal maintenance, and the division of marital property. If it is a high-conflict divorce, and you cannot reach agreements together, these matters will be decided by a judge. 

Contact a Schaumburg Divorce Attorney 

Hiring the right lawyer for your divorce is critical in getting the divorce agreement you need in the least amount of time possible. An experienced Palatine divorce attorney at Anderson & Associates, P.C. will explain the process and guide through, from beginning to end. Call our office at 847-995-9999 to set up a free consultation today.



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