Ending a marriage can be a challenging process, especially because it involves dissolving a number of legal benefits. The courts will only grant a final divorce once you and your spouse have resolved all outstanding issues. These issues can include marital property distribution and whether one spouse will be receiving alimony. If you have children, there are added challenges surrounding determining custody and child support, now called parental responsibilities and parenting time.
You should not attempt to navigate these challenges alone. If you are searching for divorce lawyers near Wheeling, contact SAM LAW OFFICE LLC. Our legal team has years of experience helping Wheeling residents with all of their family law needs, including divorce. If you and your spouse cannot reach an agreement on divorce-related issues, we can assist.
There are two main types of divorces in Illinois. The first is an uncontested divorce, which moves forward when couples can reach an agreement outside of the court. A judge will still need to review the agreement, but it will move forward more quickly than a contested divorce.
With a contested divorce, couples cannot reach an agreement and one or more issues may be unresolved. Issues that couples must agree on before finalizing a divorce include:
Contested divorces can take longer in the court system, especially when one spouse is purposely delaying the proceedings by refusing to negotiate. It is important to understand that a contested divorce can actually proceed as an uncontested one if one person files the petition for divorce, but the other spouse fails to file an answer within the required 30 days.
Before you head to the nearest courthouse to file for divorce, you need to make sure you are eligible to file for divorce in that courthouse. In order for Illinois to have jurisdiction over your divorce, at least one of you must have lived here for at least 90 days. Once that criterium has been established, you only have to show that the marriage broke down due to irreconcilable differences. For example, if you and your spouse have been living apart in different places for six or more months, the court will say the burden has been met.
If you and your spouse have decided to end your marriage, you need to speak with an experienced Wheeling divorce lawyer who can guide you through the process. Please contact SAM LAW OFFICE LLC today to schedule an initial consultation.