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Starting divorce proceedings in Illinois

On Behalf of | Mar 8, 2022 | Divorce |

A spouse may come to the regrettable realization a marriage is not working. Filing for divorce in an Illinois family court might be the best decision for all parties involved. Divorce is a legal process that requires following established formal steps. Knowing the initial ones could move the dissolution forward without added stress or unwanted delays.

Taking action to file for divorce

A married couple might be utterly unfamiliar with Illinois divorce statutes. Persons who move to the state may not know a 90-day residency requirement precludes any attempts to file for divorce within its jurisdiction. Likely, most people intending to divorce meet those requirements, but they might not know what paperwork to file or where.

Filing a petition for the dissolution of the marriage becomes a critical first step in the divorce process. A simplified form may work for some couples with no major assets that wish to file together. Other documents may be necessary when the spouses have significant assets and the divorce involves children.

Documents and evidence

Many divorces involve both couples coming to the table and negotiating a settlement. A lengthy, bitter trial could involve high costs and take a lot of time. Reaching a divorce settlement agreement might be in everyone’s favor, and this process consists in presenting evidence and documents about assets, liabilities, and more. Such evidence factors into asset division and spousal support determinations.

Couples with children may work through a joint custody agreement. A judge will rule on the matter, but the court expects to see evidence to determine what would be in the child’s best interests.

A divorce could take time to finalize, and spouses may pursue mediation to arrive at a settlement decision. No matter how the divorce concludes, filing the initial paperwork is necessary to start the process.

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