What should you do if your spouse filed for divorce, and you recently received divorce papers? How do you move forward with plans for a divorce if you want to be the spouse who files? And are there steps you should take to prepare for your divorce before you actually file a petition for the dissolution of marriage? These are all questions that our experienced Oak Brook divorce attorneys can assist with, along with many other aspects of divorce under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). At the Arami Law Office, we know how confusing and complicated Illinois divorce law can be, and we want to do everything we can to help you through your divorce case. One of the family lawyers at our firm can discuss your divorce with you today and can get started on your case.
If you want to file for divorce, the first step in this legal process involves filing a petition for the dissolution of marriage. Once a spouse files the petition for the dissolution of marriage, the other spouse is served with divorce papers and has a short time to respond with an “answer.” Depending upon whether the couple owns significant property together, has children together, and has agreed to issues like the division of marital property, the spouses may be eligible for a simplified joint divorce in Illinois. However, most parties are not eligible for a simplified joint divorce and will need to go through a longer divorce process with assistance from an Oak Brook divorce attorney.
Illinois is a no-fault state for divorce purposes. What does this mean? When you file for divorce, you should not allege that the other spouse is at fault for the breakup of the marriage. Alleging fault cannot help you to get through your divorce, and it cannot benefit you when it comes to seeking spousal maintenance. Instead, the party who files for divorce only needs to allege that “irreconcilable differences have caused the irretrievable breakdown of the marriage.” As long as a couple has lived separate and apart for at least six months, Illinois law states that there is an irrebuttable presumption that this requirement has been met.
Asset division is an important aspect of any Illinois divorce. When a divorce happens in Oak Brook, all marital property, which includes any assets and debts that have been classified as marital property, will be divided. Those assets and debts are divided according to “equitable distribution.” The court will look at many different IMDMA factors to determine what kind of property division would be fair to both parties. You should keep in mind that equitable means fair, not equal. Complex property division can be especially difficult, but a lawyer can help.
If you need assistance with your divorce, our Oak Brook divorce lawyers can speak with you today about your case. Contact the Arami Law Office to learn more about the services our family law attorneys provide to clients throughout Chicagoland.
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