What are the steps to file for a divorce in Illinois?
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To file for a divorce in Illinois, the following steps must be taken:
- Residency requirement: In Illinois, at least one spouse must have resided in the state for at least 90 days before filing for divorce, and the divorce petition should be filed in the county where either spouse resides.
- Petition for dissolution of marriage: To initiate the divorce process, one spouse must file a petition for dissolution of marriage with the circuit court of the appropriate county. The petition should contain information about the marriage, including the names and ages of any children, the grounds for divorce, and any requests for relief, such as spousal support or child custody.
- Service of process: The non-filing spouse must be served with notice of the divorce petition and given an opportunity to respond. This can be done by certified mail or personal service by a sheriff or licensed private process server.
- Response: The non-filing spouse has 30 days from the date of service to respond to the divorce petition. If they fail to respond, the court may enter a default judgment in favor of the filing spouse.
- Discovery: Before trial, both spouses must disclose all relevant information about assets, debts, income, and expenses through the process of discovery.
- Negotiation and settlement: The spouses may attempt to negotiate a settlement agreement with the help of their attorneys or a mediator. If they reach an agreement, it should be submitted to the court for approval as a final judgment of dissolution of marriage.
- Trial: If the spouses are unable to reach an agreement, the court will hold a trial to determine the issues of property division, spousal support, and child custody and support.
- Final judgment: Once all issues have been resolved, the court will enter a final judgment of dissolution of marriage that includes the terms of the settlement or the court's decision on contested issues.
Potential limitations or exceptions to these steps may arise in cases involving complex property or high net worth individuals, contested custody or support issues, or cases involving domestic abuse or other misconduct. In such cases, it is advisable to consult with an experienced family law attorney for guidance on the best course of action.
It is important to note that this advice is intended for general informational purposes only and should not be relied upon as a substitute for legal advice from a licensed attorney. It is always advisable to seek the advice of an experienced family law attorney for guidance on the specific circumstances of your case.
