Free Consultation with a Carpentersville Lawyer: 847-628-8311 – Family Law, Divorce, Probate, Elder Law, Guardianship, Mediation, Asset Recovery, Will Contest, Probate Litigation
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If you are thinking about ending your marriage or your spouse has already initiated divorce proceedings against you, it is obviously important to be aware of your rights. Having a clear understanding of what to anticipate and preparing adequately makes the rest of the process much less challenging.
Ending a marriage, naturally, is a difficult experience for most. But having a strong support system and the support of a Carpentersville Lawyer is very beneficial.
Carpentersville Lawyer – At the Law Offices of Anthony R. Scifo, it’s our belief that even during a tough time, our valued clients are able to meet the challenges that face them and emerge in a better, healthier position.
We’re here to help our clients through all the aspects of divorce proceedings: from distribution of property to the allocation of parental duties. We assist them in assessing their present life circumstances and their objectives for the future. Then, we develop a practical plan that helps them achieve those goals.
There are multiple issues to take into account when preparing to initiate a divorce. In the event a spouse will contest the divorce, it brings another element to the process. Our firm has an established record of successfully helping clients through their divorce, and we consistently deliver the best potential outcome.
Going through a divorce can be a difficult experience for just about anyone to go through. Besides it being the end of a relationship, it also involves navigating a challenging legal procedure. However, when spouses continue to maintain a reasonably pragmatic relationship and remain capable of working together, the option of an uncontested divorce that saves time and expense.
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On this page, we’ll present some useful fundamental information about uncontested divorce in Illinois. If you are considering divorce and would like to speak confidentially to a Carpentersville Lawyer, call our firm at 847-628-8311.
Basics About Uncontested Divorce in Illinois
Generally, an uncontested divorce is also known as dissolution of marriage. It means that each spouse agrees to the main issues addressed in their divorce proceedings such as:
-Dividing debts and marital assets.
-Alimony payments and other disputes related to the marriage.
-If there’s disagreement between spouses regarding these issues, your divorce is considered as “contested” and will likely proceed to trial. It’s still possible to reach a settlement, though, at a time before the trial date.
The state of Illinois has an expedited type of uncontested proceedings that can save a lot of money and time.
This is called a “joint simplified dissolution.” It is intended to accelerate the divorce process for spouses who can come to an agreement on their divorce terms. To qualify in Illinois for a joint simplified dissolution the following must apply:
-Spouses do not own a residence, and have under $10,000 in jointly-owned marital property. Additionally, the spouses can only make $20,000 in gross individual income. Couples cannot earn greater than $35,000 in gross income.
-Both spouses consent to waive their right to receive alimony from one another. Because this waiver is permanent, you can’t change your mind at a later time and request alimony.
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-One of the spouses must have resided in the state of Illinois for a minimum of 90 days prior to filing for a divorce.
-You and your spouse must agree irreconcilable differences have resulted in a breakdown of the marriage. This is a legal term meaning that the marriage has devolved to the point where it cannot be salvaged. There’s no need to air personal matters in the courtroom. Simply stating that there has been an irretrievable breakdown is typically sufficient for a court to dissolve a marriage.
-You and your spouse agree to appear in court for a final hearing, and have been married for no more than eight years. Note that if you have been married for over eight years, you do not qualify for obtaining a joint simplified dissolution.
-You and your spouse do not have children together and the wife is not pregnant. Spouses that have children together do not qualify for joint simplified dissolution.
-You and your spouse are separated and have lived separately for a minimum of six months.
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-If you possess total assets together over $10,000. Joint simplified dissolution is intended to only cover divorces with relatively limited matters at issue. If you own a house or have children together, you’ll need to go through a conventional divorce. But even in that case if you are able to reach agreement on main issues, your divorce case will likely move through the court system relatively quick.
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In Illinois, circuit courts serve as the first level of trial courts. There are two dozen judicial circuits in Illinois. Each court is responsible for the judicial work in one or more counties. Circuit courts possess jurisdiction to hear the majority of civil cases, which includes divorces. The system divides the circuit courts into subdivisions. They include a family division that handles cases involving juveniles, adoption, domestic abuse and divorce. You’ll need to locate the appropriate circuit court to file your divorce. Ask your Carpentersville Lawyer for more on this aspect of divorce proceedings.
Carpentersville Lawyer – Beginning the Divorce Process
In order to start a divorce proceeding, the first step to take is to locate the appropriate forms and fill them out. State of Illinois divorce forms can have some differences from one courthouse to another. Generally the instructions and information requested are very similar. To find the right forms, ask the clerk of court at your local courthouse.
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Once you obtain the forms, be sure to take enough time and complete them accurately. Fill in the forms on a computer or print your information neatly.
If you complete the forms hastily and make errors, it can lead to delays in the process. Don’t hesitate to to consult the court clerks at your local courthouse, but remember that they are not able to provide you with legal advice. If you have a form that must be notarized, do not put your signature on it until you are with a notary. Generally, spouses must communicate together to complete a joint petition, a judgement form and an affidavit that supports a joint petition.
The next step is to bring the finished forms to the courthouse to file them. The clerk will then assign a case number for you and you’ll be charged a filing fee. If you are not able to afford the fee, simply ask the clerk to give you a fee waiver form. It will request your income information.
If you have further questions regarding the process of obtaining an uncontested divorce, consult with a Carpentersville Lawyer at 847-628-8311.
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Once papers are filed, you and your spouse will be given a date for a final hearing, where you’ll need to bring a photo i.d. and provide a brief testimony in reply to a judge’s inquiries. The hearing is usually rather brief. If terms of your divorce settlement are reasonable and in compliance with state law, the judge signs it and your divorce becomes finalized.
