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Every state has specific procedural rules that dictate how and when divorces can be filed. Many of these requirements are complex, although the Illinois Legislature has taken steps to streamline and simplify the process by amending certain portions of the state’s family law statutes. Still, having the advice of an attorney can make all the difference in how time-consuming, expensive, and ultimately, successful a case will be, so if you live in Skokie and are considering dissolving your marriage, it is critical to obtain the advice of an experienced divorce attorney who can help you determine whether you qualify for specific filing procedures or must deal with particularly difficult property division issues.
Submitting a Petition
To begin the process of legally dissolving a marriage in Illinois, a person must satisfy the following requirements, including that:
- He or she is married;
- No other divorce proceedings are pending; and
- One of the spouses has been a resident of the state for at least 90 days.
If these qualifications are fulfilled, one of the spouses may complete the petition for divorce, which requires the inclusion of certain details, such as:
- A confirmation that the divorce is due to irreconcilable differences between the couple;
- Both spouse’s names, current addresses, ages, and occupations;
- The names, ages, and addresses of any of the couple’s children;
- The date of the marriage and the city, county, and state where it took place;
- Whether any agreements have already been reached regarding the division of parental responsibilities or maintenance; and
- The relief sought by the petitioning party.
Once the petition has been served on the other party, who is also known as the respondent, he or she will have the responsibility of submitting a response within thirty days of receipt. This response acts as proof that the summons were received and as a record of whether the respondent agrees with or denies the proposals or allegations contained in the petition. Completing and submitting this answer is extremely important as a failure to do so could lead the court to enter a default judgment against the individual and grant the relief requested by the petitioner.
Once the response has been submitted, the court will schedule a hearing, at which the couple must establish that irreconcilable differences have led to the irretrievable breakdown of the marriage and:
- Efforts at reconciliation have failed; or
- Future attempts at reconciliation are impracticable or not in the best interests of the family.
If the parties can provide proof that they have lived apart continuously for six months or more immediately prior to the proceedings, the court will presume that the irreconcilable differences requirement has been fulfilled. Finally, both parties will be required to provide financial affidavits and supporting documentation before a court can award child support or divide the couple’s marital property.
Contact Arami Law to Schedule a Consultation With an Experienced Skokie Divorce Attorney
If you live in Skokie and are considering filing for divorce or have received a notice of a petition for dissolution, the legal team at the Arami Law may be able to help. To contact us, please call (312) 584-6355 and we’ll help you set up a consultation with a dedicated divorce attorney who can evaluate your case.
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