Regardless of how you decide to pursue it, getting divorced is likely going to be a very heartbreaking event in your life. You may feel overwhelmed, terrified, confused, and even a bit angry at your situation. You may wonder if you even have the legal right to get divorced, as some states require fault to be proven. Illinois is not one of those states. If you feel divorce is necessary, you can pursue it. Before doing so, you may want to reach out to a Springfield, IL, divorce lawyer.
Pursuing No-Fault Divorce in Illinois
Pursuing a no-fault divorce has its pros and cons, and it’s important to understand the entire Illinois divorce process before deciding to pursue one yourself. A no-fault divorce means that you are not legally required to prove wrongdoing on anyone’s part to move forward with a divorce. When your divorce is decided by the Illinois courts, the reason behind the breakdown of your marriage may not even matter, whether it involves infidelity, abandonment, or another issue.
The goal of a no-fault divorce is to avoid a significant amount of legal trouble, which often comes with contested divorces. In a fault-based divorce, one partner must prove that the other partner engaged in behavior that led to the breakdown of the marriage. The other spouse can defend themselves, and the whole process becomes a long and bitter legal proceeding.
In a no-fault divorce, the procedure changes for the better. Instead of proving that your spouse did something to warrant a divorce, you and your lawyer are far more focused on navigating the legal process to reach an amicable settlement. The last thing you want is to go through a contested divorce, as a no-fault divorce can often be settled with the help of a mediator. There, you can work out agreements on asset division and child custody, among other factors.
Grounds for Divorce in Illinois
The only legal grounds for a divorce in Illinois are irreconcilable differences. This effectively means that the marriage has run its course and is broken beyond repair. There’s nothing that can be done, and at least one of the spouses wants out. While you don’t legally need a reason to get divorced in Illinois, you still need to establish grounds. There are multiple ways you can prove irreconcilable differences, including:
- You and your spouse have been living separately for at least six months. This can mean living in entirely separate households or living in the same house but in separate rooms.
- You must assert that the marriage is all but over. Any attempts at reconciliation have failed, and there is no point in pursuing any attempts to get back together.
The Illinois Divorce Process
Since you are pursuing a no-fault divorce, there’s a decent chance that the entire divorce process could go more smoothly than you expect. Filing for divorce in Illinois is not a difficult process, though you may want to hire a lawyer to make sure you don’t miss any vital filing deadlines. When the time comes for negotiation, having a lawyer to represent you can give you peace and reassurance. Here are the steps to start the Illinois divorce process:
- Contacting a Lawyer: The very first thing you should do when you decide you want a divorce is contact a lawyer. An experienced lawyer can guide you through the process and make sure you don’t make any crucial mistakes. It’s important to have someone who understands the stakes and can help you work through the legalities of a divorce.
- Filing the Petition: Before you can file your petition for divorce, you need to make sure you meet the necessary residency requirement. Either you or your spouse must have lived in Illinois for at least 90 days before pursuing a divorce. Once you meet that requirement, you will have to file a Petition for Dissolution of Marriage in the proper county and pay the required filing fee.
- Serving Your Spouse: Once the petition has been filed, your spouse will be served with the divorce papers. They will have an opportunity to respond to the petition. Once they do, the divorce process begins.
FAQs
Q: How Long Will a No-Fault Divorce Take in Illinois?
A: A no-fault divorce in Illinois can take anywhere from several months to over a year to fully finalize. It depends entirely on the details of your case and whether you and your spouse can reach an amicable agreement on child custody, asset division, and spousal support. The divorce cannot be finalized until both parties reach an agreement or the court reaches one for them.
Q: How Much Will a No-Fault Divorce Cost in Illinois?
A: How much your no-fault divorce could cost in Illinois depends on several factors. Every divorce case is going to be different, with each one having its own details and specifics that are going to make it a unique experience for all involved. The amount you end up paying will depend largely on the lawyer you hire, the court fees you end up paying, and how much you lose in asset division and further support payments.
Q: Do I Really Need a Lawyer for My Divorce?
A: While you legally don’t need to hire a lawyer at all, it is highly recommended that you do so anyway. Having someone who understands how the divorce process works and can offer you consistent legal help can only benefit you in the long term. If setbacks arise and things get complicated, having a lawyer can prove vital to your interests.
Q: How Do I Get a Divorce in Illinois When Both Parties Disagree?
A: When both parties disagree, you will be pursuing a contested divorce. If your spouse refuses to sign the divorce papers, you can file for a default judgment, which effectively ends the divorce process in your favor. If you and your spouse cannot agree on a settlement, you will have to go to trial, and your settlement will be decided by the court. The judge will consider arguments from both sides and make a determination.
Contact Us Today
At Stange Law Firm, we can help you navigate a no-fault divorce. Contact us today to learn more.
