Filing for divorce can be a complicated process, as it requires couples to contend with a number of complex legal matters, including spousal maintenance, property division, and if the couple shares children, child custody and support. For help ensuring that your own interests are protected throughout this process, please contact a dedicated divorce lawyer Arlington Heights for assistance.
Under Illinois law, a couple can only file for divorce if at least one of the spouses has resided in the state for the preceding 90 days. Once this requirement has been satisfied, the filing spouse must submit a Petition for Dissolution of Marriage in his or her county’s circuit court and send a copy to the other spouse. That individual, also known as the respondent, then has 30 days to file an answer to the petition. Once these elements have been fulfilled, the parties must grapple with a host of complicated issues, including how marital property will be divided, whether one spouse will be required to pay alimony to the other, and if a couple shares children, how parenting time and decision making responsibility will be divided between them.
Fortunately, many couples can avoid the more difficult aspects of divorce by filing for the streamlined procedure known as a Joint Simplified Dissolution. Couples who qualify for a simplified divorce need only attend one divorce-related hearing, at which point, the court will issue an order terminating the marriage. However, this option is only available to couples who:
For help determining whether you and your spouse qualify for simplified dissolution proceedings, please contact our legal team today.
Couples who are not eligible for a simplified dissolution of marriage, or who are unable to come to an out-of-court agreement on property division issues, child custody matters, or spousal maintenance will need to litigate those issues in court. In these cases, a judge will step in and come up with an arrangement on the parties’ behalf.
Although judges are directed to make determinations based on what would be fair and equitable, or when it comes to child custody matters, what would be in a child’s best interests, it is often the parties themselves who are in the best position to make these decisions. Unfortunately, these negotiations can be complicated and emotional, so settlement proceedings are often derailed due to conflict between the parties. To give yourself the best possible chance of coming to a settlement agreement with your own spouse, please contact our Arlington Heights divorce legal team today.
If you and your spouse have decided to file for divorce, you need the advice of an experienced Arlington Heights divorce lawyer. Please contact the SAM LAW OFFICE LLC today to learn more about how we can help with your own pending divorce.