Learn How to File for an Illinois Divorce and What to Expect in Court Before Your Hearing

In the State of Illinois, you can file for a divorce if you satisfy certain conditions. The Illinois divorce laws concede a ‘no-fault’ divorce purely on the grounds of marital misconduct. It provides equal opportunity for both the partners to seek divorce on certain grounds. You are only required to prove before the court of law that you have been living separately from your partner for 2 years preceding the filing.

This type of divorce is less complications and thus you can obtain divorce easily. Of course, you and your spouse must decide not to bring any charges against each other. In all such cases, it is left to the judge who solely decided on the custody of children and you cannot prove that your partner is unfit to have custody of your child.

What are the Grounds of Illinois Divorce Laws Under Which You Can File?

Different states in the US have different types of divorce laws. There is however some common ground on which you can file divorce. Like all other states in the country, adultery is of course one common ground, which can lead to a divorce if you can prove that your spouse has a physical relationship with another person.

Here are some other grounds on which you can file for divorce in the State of Illinois:

•    Drugs and alcoholism
•    Physical or mental assault that is a deterrent of peaceful coexistence
•    Conviction from crime
•    Bigamy
•    Desertion
•    Impotency
•    Insanity

You can also file a ‘no-fault’ divorce which entails that you and your spouse have to live separately for at least two years before filing for divorce. Of course, when a ‘no-fault’ divorce has been filed, it means that the two of you are not raising any charges against each other.

How to Reduce Legal Complications

There are various ways to get out of a difficult marriage. It is not very difficult to overcome the legal hassles in case you are filing for divorce in Illinois. You must first get a few simple things sorted out before filing.

It is best that you employ the services of a lawyer to file for divorce for a hassle-free beginning. To begin with, you must know the regulations, the process and which court to approach and the professional can of course help you here. The paperwork, homework and grounds of divorce can be prepared by either member of the couple. You are only required to present the person with the details such as the grounds for filing.

For many people, it is always better to choose a ‘no-fault’ divorce because it is quicker and there are a lot less hassles involved. First, you need to know and understand the laws for this type of divorce. Laws can be confusing, but you must still know and understand them. In a ‘no-fault’ divorce you are simply asked to appear before the court on a date and a mutual divorce is granted.

The process requires the both of you must sit and determine a plan of how to proceed with the divorce and get your paperwork together. To know exactly what you need, you must visit the local court. You will be provided with some forms to file the petition for divorce. Of course, if you have employed legal help, the person can do all this for you.

The court will process the papers once they are filed and the notice will be served to both of you. There can be complications and other issues that are related to the divorce, and this is where a professional legal adviser might be needed. For example, you might be in joint possession of a house or are business partners, and perhaps, this is the case with the debts too.

Custody Issues, Alimony and Divorce

Also, it is of utmost importance to decide about the custody of your child or alimony before you actually start the divorce process. All these issues can bring complications and the legal system will then take a longer time to sort these entwined issues.

The issues related to child custody and alimony follow the state regulations, but the implementation is sure to vary from one case to another depending on individual situations. So it is necessary that your papers are prepared well and that you have a good case at hand.

It requires less than $100 to file for divorce. It is however advisable that all the financial payments involved, whether to the lawyer or the spouse, must be recorded. This will help you get a clear picture of the expenses that have been incurred during the proceedings.

The Divorce Decree

Do remember that if alimony is promised, it should be featured prominently in the divorce decree along with the terms and conditions that must be satisfied for the payment of such alimony. The decree must be vivid in mentioning the division of property. In cases where mutual properties like cars, houses, other material possessions, bank accounts and insurance policies are held jointly, the decree must specify how the properties will be distributed between the two of you.

Likewise, the judge will also pass a judgment on the debts that are jointly held by the two of you. These debts include house loans, car loans, credit card payments and others like this. The presiding judge will pass a judgment on the responsibilities of payment and distribute it among you and your spouse.

The judge will also decide about the alimony after deciding various issues on a case-by-case basis. Earlier notions of alimony forbade a man to receive it as he was the principle breadwinner. This has now changed – so keep this in mind.