Chicago Divorce Lawyers
In Illinois, the process of divorce begins when one spouse files a Petition for Dissolution of Marriage. An Illinois divorce can take one of two forms. In a no-fault divorce, the spouses agree to end the marriage due to "irreconcilable differences." You and your spouse do not have to prove to the court what these differences are, as long as you agree they exist. Most Illinois divorces are no-fault divorces.
In an at-fault divorce, the spouse who files for divorce must prove that the other spouse meets one of the grounds for a fault divorce recognized in Illinois law. These grounds include acts of adultery, bigamy, physical or mental cruelty, and desertion. Fault may also be based on a spouse’s addiction to drugs, conviction of a felony, or impotence. Unlike the "irreconcilable differences" in a no-fault divorce, in a fault divorce, the specific grounds must be proven in court.
Once the Petition for Dissolution of Marriage is filed and served on the other spouse, both spouses enter the discovery phase. In discovery, the parties can get information from one another concerning each spouse’s assets, debts, and overall financial situation. Each spouse may also ask the court for a temporary order to prevent the other from selling major assets, to arrange for child custody and support, or for other matters the spouses cannot agree upon.
Despite its emotional qualities, a divorce is a business transaction. Protecting yourself means ensuring that you have a clear picture of your financial situation as well as that of your spouse. If your spouse refuses to share financial information, the formal discovery process can help you access that information. If you are concerned your spouse will sell or deplete a valuable shared asset such as your house, a temporary order may prevent sale or depletion while the divorce is pending.
After discovery, the divorce case proceeds to the settlement phase and, if necessary, to trial. At Nottage and Ward, our experienced Illinois divorce lawyers are also skilled negotiators. With your participation, issues that you and your spouse could not settle alone can often be worked out in a settlement conference, eliminating the need for a trial. When a trial is required, it will address only those critical issues the spouses could not agree on, such as custody or whether certain property belongs to both spouses or only to one.
You or your spouse may make the decision to file an Illinois divorce at a time when emotions are stronger than ever. Ending a marriage is often an emotionally charged decision. The process of divorce, however, must be handled calmly and rationally in order to ensure that your rights and needs are protected. You need sound legal and financial information in order to protect yourself and your children.
At Nottage and Ward, our Chicago family law attorneys provide the experience and objectivity you need to handle a divorce. We have the experience to negotiate, litigate, and resolve complex divorce issues with your specific needs in mind. Whether you are struggling with child custody or division of assets, our 20 years of divorce and family law experience will see you through.
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