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Divorce or Dissolution of Marriage: Illinois Linguistics of Filing for Divorce

Posted on in Divorce
Divorce or Dissolution of Marriage

Planning on petitioning for a divorce or dissolution of marriage depends on which state you call home. If you are an Illinois resident consulting with a qualified divorce attorney under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) the proper terminology is the dissolution of marriage.

For Illinois and fellow dissolution states, the view on marriage is a legal contract between two people, and filing for divorce is the act of legally requesting the dissolution of a contractual agreement.

Since divorce procedural law is not governed at the federal level, individual state law requirements are enacted and expected to be strictly followed. After consulting with your Illinois divorce attorney, you will become well-versed in Illinois dissolution law as it pertains to your personal situation. Discussions involving the discovery and division of marital assets, continual maintenance (alimony), child support and visitation will be addressed as you move through the dissolution process.

No matter the legal terminology, the commonality of legally terminating your marriage involves a strong commitment by you and your attorney as the following Illinois legal requirements are to be met,
  • Establish residency requirements;

  • Select specific grounds for divorce, if applicable;

  • Complete a dissolution of marriage petition;

  • File dissolution of marriage petition with appropriate circuit court;

  • Serve or notify your spouse of your intent via print announcement;

  • Satisfy the required 30 day wait period allotted for spousal response;

  • Request a circuit court hearing if your spouse misses the 30 day requirement;

  • Obtain a final divorce or judicial decree.

Depending on your marital situation, your request for the legal dissolution of your marriage may take up to two years. The experienced Lombard family law attorneys of A. Traub & Associates are committed to advocating your legal rights under the Illinois Marriage and Dissolution of Marriage Act. To learn more about our endless dedication to our clients, contact either our Lombard office, (630) 426-0196 or Arlington Heights location at (847) 749-4182 for more information.

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