Divorce Lawyer Near Me Elgin IL – Law Offices of Anthony R. Scifo – Call for a Consultation at 847-628-8311
Divorce Lawyer Near Me Elgin IL
For anyone who is considering a divorce, it’s beneficial to start with some basic information about how the process works in the state of Illinois and how a Divorce Lawyer Near Me Elgin IL helps protect your interests during the experience. We’ll begin with a look at the residency requirement:
So long as you comply with its rules for obtaining a marriage license, it’s possible to marry in any of the 50 states even if you do not actually live there. But when it comes to terminating a marriage, the rules are not quite as flexible. Rather, you must fulfil the residency requirement of the state before you may file for a divorce in the court system. Here in Illinois, one of the spouses must reside in the state for 90 days at a minimum in order to file.
The main reason that states have this requirement is it prevents one of the spouses from relocating to another state in an attempt to find a judge or court that they believe could take a favorable view of their side of the case. Also, a residential requirement prevents a spouse from filing at a location that is so far away that it makes it difficult and costly for the other to respond and effectively take part in the proceedings.
Grounds for Seeking a Divorce in the State of Illinois – Divorce Lawyer Near Me Elgin IL – Call 847-628-8311
Illinois is what it known as a no-fault state with respect to divorce. This basically means that the courts do not require a spouse to demonstrate that the other’s actions are what’s causing them to seek a divorce.
A no fault divorce can often come to a resolution sooner in comparison to a fault-based divorce since the spouses do not need to prove or argue who is responsible for ending the marriage. Furthermore, with a no fault divorce case, there is no need to obtain consent from your spouse to file. Learn more about no fault requirements from your Divorce Lawyer Near Me Elgin IL.
A court in Illinois will typically grant the divorce if:
-It determines that irreconcilable differences are causing the marriage to break down and there is no chance of reconciling those differences.
-The spouses reside apart and separately for a continual period of at least six months before a divorce judgment is entered.
Consult with a Divorce Lawyer Near Me Elgin IL at 847-628-8311
Generally, there are a couple different kinds of divorce: contested and uncontested. The contested variety is where the spouses are not able to reach agreement on the issues between them. They must turn to the court system to decide on them as part of their divorce. In contrast, uncontested divorce is where spouses do agree upon the matters in their proceedings, such as custody of children, spousal support or division of property.
Not surprisingly, an uncontested divorce usually proceeds faster – particularly with the guidance of a Divorce Lawyer Near Me Elgin IL – and costs less than a contested divorce since it doesn’t involve spending a lot of time in court. The judge simply conducts a review and then grants approval of the marital settlement agreement between the spouses and issues a divorce decree.
The state’s circuit courts are where judges hear and grant divorces.
Considering Divorce? Talk to a Divorce Lawyer Near Me Elgin IL at 847-628-8311
Contested Divorces in Illinois
To begin a contested divorce, it starts with filing a petition for a divorce in court. A lot of the documentation the parties are going to need in a contested proceeding are the same as those required in uncontested divorces. A judge will make decisions upon the matters that the spouse do not agree on. Once your spouse provides a response to the petition, the courts will next set a date for the hearing. (You may need to request a hearing date in the event the court clerk does not schedule one automatically.)
After the hearing concludes, if the judge possesses enough relevant information to grant a decision, he or she may enter what’s known as a Judgment of Dissolution of Marriage at that time. However, in some cases the judge will need more time. You’ll receive an alert from the court once the judge does make a decision.
While it is possible for a spouse to represent themselves in a divorce, most people who are involved in contested divorces choose the services of a Divorce Lawyer Near Me Elgin IL. A lawyer with experience in family law is essential for navigating the state’s court system and to successfully present a case. The time frame can vary, but it can take in general anywhere from six months to over two years in order to conclude a contested divorce in the state of Illinois.
Because it is such an important decision, it’s in your best interests to seek the expertise of a Divorce Lawyer Near Me Elgin IL.
Obtaining an Uncontested Divorce – Serving Papers to Your Spouse in the State of Illinois – Speak to a Divorce Lawyer Near Me Elgin IL at 847-628-8311
After you have successfully filed the paperwork, next you will have to provide notification to your spouse of the filing. In Illinois, there are two ways that the filing spouse can accomplish this important part of the process:
-Services of Summons and Petition. In this option, you may hire the local sheriff of the county in which your spouse resides. The sheriff serves the divorce filing documents directly to your spouse. You’ll need to pay a fee for this service to the clerk at the time you file the petition for divorce. (Alternatively, if you receive a waiver for this fee, you will not need to pay for the service in Illinois. Inquire with your Divorce Lawyer Near Me Elgin IL for more information on obtaining a waiver.)
Entry of Appearance.
It’s possible for a spouse to agree on waiving the service of summons. This is accomplished by completing and filing a form called an Entry of Appearance. If spouses are in agreement on the main issues in their divorce case, the following step is filing the required documents with the appropriate court. To do this, you will have to file:
-A Petition for the Dissolution of a Marriage or Civil Union. There are 2 types of petition forms. One is for couples who have children and another for those without children.
-Judgment of Dissolution of a Marriage or Civil Union. Similar to a petition form, there are forms for couples with children and for couples who do not have children.
-A parenting schedule and plan for couples with children.
-A summons if necessary.
-Entry of Appearance. This form is used in the event your spouse does not need to receive a summons. These are the standard forms for getting started with a divorce in the state of Illinois. Based upon your particular circumstances you may need to file extra forms. Always read through each form carefully to ensure you understand them and their instructions. Ask your Divorce Lawyer Near Me Elgin IL if you need clarification.
Although it is advisable to hire a Divorce Lawyer Near Me Elgin IL to help you with filing the documentation for an uncontested divorce, some Illinois residents choose to represent themselves. Should you require assistance but are not able to obtain legal representation, consider using online divorce services or seek assistance from legal aid in your community.
lllinois Joint Simplified Dissolution
Spouses who are in agreement on the issues regarding their divorce and also fulfill specific requirements can inquire with their Divorce Lawyer Near Me Elgin IL about filing for an expedited type of divorce. This is known as “joint simplified dissolution.” To comply with the qualifications for this, the following must be applicable:
-Neither of the parties are seeking spousal maintenance.
-One or each of the spouses fulfills the state’s requirements for residency.
-The differences between the spouses are irreconcilable.
-The spouse do not have children together and did adopt children during their marriage.
-Neither of the spouses is pregnant from the other.
-The marriage of the spouses lasted for eight years or less.
-Neither of the spouses has interests in real property or in retirement benefits. The exception is unless the benefits are held exclusively in individual accounts and the combined current value of those accounts is no more than $10,000.
-The fair market valuation of all marital properties – minus debts – does not exceed $50,000.
-The combined annual gross income from all income sources is not over $60,000. In addition, neither spouse has a gross annual income of more than $30,000.
-The parties disclose to one another all of the liabilities, assets and tax returns for every year of their marriage.
-The spouses have a written document showing their agreement to divide all assets valued at more than $100 and allocation of responsibility for liabilities and debts between the spouses.
-The spouses much have a written agreement that allocates ownership and responsibility for household pets.
Consult with a Divorce Lawyer Near Me Elgin IL today at our law offices. Call 847-628-8311.