Divorce Elgin IL – Law Offices of Anthony R. Scifo – Call 847-628-8311
Some FAQs about Getting a Divorce in the State of Illinois
-Is there a residency requirement to divorce in Illinois? Generally, there is a resident requirement. To file for a Divorce Elgin IL, at least one of the spouses must have resided in the state for at least 90 days. Those who are members of the military can claim Illinois residency if they’re stationed here for a minimum of 90 days. For decisions on child custody, the child must’ve been a state resident for at least the last six months.
-If divorcing spouses are in agreement, are lawyers necessary? Obtaining legal counsel is always a smart idea. There are consequences to divorcing that aren’t necessarily obvious right away. An experienced lawyer will protect your best interests and help obtain the best possible outcome for you in a Divorce Elgin IL.
-Is Illinois a no-fault divorce state? Yes it is. Illinois courts can grant a no-fault divorce based upon what’s known as irreconcilable differences. (This basically means that the spouses are not able to get along.) To obtain a no fault Divorce Elgin IL, the spouses must reside “separate and apart” for two years with no possibility of reconciling.
The court might reduce the separation period to six months in the event that each spouse is in agreement. In the state of Illinois, it is possible to fulfill the “separate and apart” living requirement even when spouses are in the same house. This is providing they inhabit different living spaces of the home. The period of separation can start even when spouses still share financial responsibilities. Also, separation can continue even during attempts at reconciliation. For example, if spouses are going to marital counseling sessions together.
Divorce Elgin IL
-What about “fault” divorces in Illinois? In years past, the state’s divorce statutes enabled spouses to pursue “fault” divorce based upon reasons like abuse, adultery, alcohol or drug use. However, seeking a fault divorce frequently led to more hassles, delays and greater expense than no-fault divorces. In order to simplify divorce proceedings, state lawmakers in 2016 made changes to the statue, eliminating all grounds for seeking divorce with the exception of irreconcilable differences.
-How does one file for Divorce Elgin IL? The procedure starts when one of the spouses files a legal document calling for the dissolution of their marriage. This takes place in a circuit court in the county where at least one spouse is a resident. The petition contains standard information regarding grounds for pursuing the divorce, living arrangements and if child custody will be an issue.
The petitioner serves the document to the other spouse along with a summons. Service is typically done through via a process server or through the local sheriff’s office.
-How much time does it take to divorce in Illinois? This can vary significantly depending upon what’s at issue in the divorce. Naturally, the primary factor is if the divorce is contested or uncontested. If the spouses reach an agreement on all the issues in their case, the divorce may conclude in just a few months. On the hand, if there are many disputes in the case, a Divorce Elgin IL proceeding can last for as long as two years or even more.
Considering Divorce Elgin IL? Call the Law Offices of Anthony R. Scifo at 847-628-8311
Mediation and Divorce Elgin IL
It’s necessary to file a lawsuit to dissolve a marriage. However, it’s not necessary to go through the conventional litigation route to establish the terms of a divorce. Many couples turn to mediation as a way of resolving disputes and negotiating their Divorce Elgin IL terms and avoiding court. Mediation is simply a process in which a neutral mediator helps each party come to agreement on resolving their disputes. The mediator helps divorcing spouses communicate and reach an understanding on the issues between them. Through mediation, the parties can focus on
their particular interests and effectively solve problems.
The Objectives of Mediation
The process of mediation is something spouses can enter voluntarily or, in some cases, the court orders them to do so. In either case, the objectives of divorce mediation include:
– Avoids the cost and emotional trauma of going through litigation.
-Creates a Divorce Elgin IL agreement that’s legal, equitable and acceptable to both parties.
-Minimizes conflict and chances of controversy after the Divorce Elgin IL.
Why Should Divorcing Spouses Try Mediation?
It’s not uncommon for divorcing spouses to experience frustration with the expense and delays that can come with a difficult divorce. To that end, the legal system recognizes it’s beneficial to settle disputes outside of court. Consequently, mediation is an increasingly popular way of settling conflicts. Most states requires that disputes involving child custody go through mediation. Some court systems offer services like conflict intervention and settlement conferences. Whether the court orders it or spouses choose mediation voluntarily, it’s the most common method of resolving disputes in Divorce Elgin IL.
An impartial mediator promotes communication among divorcing parties to encourage understanding and attain settlement. Mediation is especially useful for divorces and family law matters because the relationships are likely to continue. This is particularly true when spouses have children together. Frequently, divorcing spouses find that mediation enables them to prevent the emotional and financial costs of litigation. Since settlement is typically quicker thanks to mediation, it helps to reduce the overall cost.
Another benefit of Divorce Elgin IL mediation is that it permits couples to avoid the risk of going to trial. Plus, because mediation is private, it protects confidentiality and shields children against the trauma of parental disputes. The very nature of mediation means that parties communicate and reach their own, mutually acceptable agreements. Spouses who mediate a divorce agreement frequently find better satisfaction when it’s over than spouses who litigate. In addition, couples develop skills that can help them to resolve conflicts in the future.
When Mediation May Not Work
Though most divorcing spouses find it is a good alternative to litigation, mediation may not be for everyone. For example, mediating may not be effective if one spouse cannot give fully express their opinions. Or, if the parties simply will not compromise or agree to enter mediation in good faith. Also, mediation may not be sufficient if the divorce involves highly complicated financial issues.
The court may refer a Divorce Elgin IL case to mediation or the parties might have an agreement to enter mediation. In the event of court referral, it will notify the parties. The parties might be able to object to doing mediation if there is a valid basis.
If Mediation Doesn’t Work
There are some Divorce Elgin IL cases where the parties are not able to settle their disputes in mediation. After all, reaching agreement is not a requirement.
Whether a case hits an impasse or reaches settlement, the mediator generally meets with the spouses together at the conclusion of the session. In the event the case is not settled but still not at an impasse, the mediator usually encourages another round of mediation.
If the case does reach settlement, the mediator typically asks the divorcing spouses to sign an agreement. Because it is a contract, a settlement agreement is is usually enforceable. Generally, there is no record kept of a mediation session. The only type of document mediation produces is the mediation agreement.
The parties may choose to proceed with litigation if they are not able to reach a settlement through mediation.
Talk to a Divorce Elgin IL lawyer today at 847-628-8311.
