Steps to Take When Filing for Divorce

Abear Law Offices

Divorce is inarguably one of the most painful times in a person’s life, both financially and emotionally. Yet before legally finalizing a divorce, there are several steps each spouse must take in order to make the process as painless as possible.

With the help of an experienced divorce attorney, the divorce process can go smoothly and efficiently.

Highlighted Steps to File for Divorce

Understanding the lengthy process of filing for divorce is essential. The major steps that each spouse must complete, in order to finalize the divorce, include the following:

  • Residency and fee requirements;
  • Grounds for divorce;
  • Trial or divorce mediation;
  • Marital property;
  • Custody and visitation requirements; and
  • Child support and maintenance.

The married couple filing for divorce will need to file a petition to initiate the process, which often includes temporary orders that remain in effect until the divorce is legally finalized.

Irreconcilable Differences

Illinois only recognizes irreconcilable differences for dissolving a marriage. Therefore, if  you and your spouse agree that irreconcilable differences have caused the destruction of your marriage, then technically there is no waiting period to enter your divorce decree. However, if only one spouse argues that there have been irreconcilable differences, little can be done as long as both spouses live separate and apart for six months:

“…if the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.”

Trial or Mediation?

Each spouse can go into trial or mediation to discuss issues with communication. Divorce mediation is often the choice by either spouse because trial costs can be pretty costly.

A trial will be held if neither spouse can make a final conclusion by mediation. With the help of a lawyer and the court, assets can be divided out as smoothly and equally as possible.

Custody and Visitation 

Custody and visitation rights will need to be discussed in order to encourage a healthy and more positive divorce. Sometimes, either spouse may be required to attend certain classes to learn about how divorce can affect their children. Both parents will also need to find out who will pay for child support.

Contact Your Wheaton Family Law and Divorce Attorney

Divorce is not a desirable process to have to go through. However, the process does not have to be difficult. The lawyers at Abear Law Offices will assist you each step of the way and will work in your best interests. If you have any questions about filing for divorce, or   need representation in another family law matter—adoption, child custody modification, paternity, etc.—please call an experienced Wheaton divorce attorney at 630-904-3033 to schedule your free initial consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000

https://www.isba.org/sites/default/files/publications/pamphlets/Divorce.pdf