Chicago Dissolution of Marriage Lawyers
In Illinois, divorce proceedings begin when one spouse files a Petition for Dissolution of Marriage and serves a copy on the other spouse. In order to file a Petition for Dissolution of Marriage, you or your spouse must have been a resident of Illinois or stationed as an armed services member in Illinois for at least 90 days before filing. If you and your spouse live in two different counties, the petition may be filed in either one.
The petition contains certain information about you, your spouse, and your requested divorce, some of which includes basic biographical data, such as names and addresses.
The "heart" of the petition appears in the grounds for filing. In Illinois, a couple may file a Petition for Dissolution of Marriage on one of two separate grounds: fault or no-fault, however Illinois is a no fault states. This means that grounds are irrelevant to the issues of custody, visitation, property allocation and support.
To base a Petition for Dissolution of Marriage on no-fault grounds, the spouses must agree that "irreconcilable" differences have destroyed their marriage. In addition, the spouses must have lived "separate and apart for a continuous period in excess of two years." The separation period may be reduced to six months if both parties agree to waive the two-year requirement. This does not mean that the spouses lived in separate households, but rather it refers to the date the marriage broke down.
To base a Petition for Dissolution of Marriage on fault grounds, the petition must state at least one of nine separate grounds allowed by Illinois law. The spouse petitioning for dissolution of marriage will be expected to prove the grounds stated in the petition. Grounds for a fault divorce in Illinois include:
- impotence,
- bigamy,
- adultery committed during the marriage,
- the other spouse abandoned the petitioner for at least one year,
- habitual drunkenness for at least two years,
- "gross and confirmed habits caused by the excessive use of addictive drugs" for at least two years,
- physical or mental cruelty,
- conviction of a felony, or
- the other spouse infected the petitioner with a sexually transmitted infection (STI).
The Petition for Dissolution of Marriage must be filed with a form Judgment for Dissolution of Marriage, which the court will use to finalize the divorce. Depending on the spouses’ circumstances, other documents may also be filed with the petition. These include a verification statement, a waiver of the two-year statutory period of separation in no-fault cases, and a financial disclosure statement.
After the petition is filed with the court, a copy must be formally served on the non-filing spouse.1 The filing spouse may serve the other spouse, thru the Sheriff’s office but many prefer to use a private process server. A private process server is generally preferred. If your spouse has an attorney, you may serve the attorney with a copy of the petition instead of your spouse.
Divorce is a highly emotional decision. You may have no clear idea how a divorce, once begun, will end. The Illinois divorce attorneys at Nottage and Ward have the experience and knowledge to help you establish a positive outcome in your divorce proceedings. Contact our experienced Illinois dissolution of marriage attorneys today to schedule a consultation.
1Unless your spouse voluntarily files his/her Appearance with the Court, either through an attorney or pro se
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