Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Chicago South Loop
By Appointment Only
Subscribe to this list via RSS Blog posts tagged in petition for divorce

Lombard divorce lawyersOnce you have reached the decision to end your marriage, the real work must begin. You and your spouse will need to decide how to divide your property, how to make arrangements for your children, and how to adjust to your new post-divorce lives. Before you can get there, however, one of you will need to start the legal process of divorce by filing a petition for the dissolution of marriage at the county courthouse. Many clients approach us with questions about this, often wondering how important it is to be the one who file for divorce and whether it makes any difference at all.

Knowing the Law

The divorce process in Illinois is governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which is a comprehensive collection of statutes that address matters from choosing a venue to how parenting time matters will be decided by the court. A divorce, as a matter of law, is essentially a legal action used to dissolve a marital contract between two parties, and, as such, in every divorce, there is technically a plaintiff and a defendant. These terms, however, are far less important in a divorce than in other areas of the law, such as personal injury or criminal law, and, in fact, the IMDMA refers to the parties in a divorce as a plaintiff or defendant in just one paragraph.

The IMDMA does, however, make more references to a petitioner and a respondent. The petitioner is the spouse who initiates the proceedings by filing the divorce petition, making him or her formally the plaintiff. The non-filing spouse is the respondent and is given the opportunity to file an answer to the petition including motions of his or her own. For the remainder of the proceedings, each party maintains equal status as a party to the case, with the ability to file motions, request considerations, and present evidence. From a legal standpoint, therefore, there is little official advantage to filing for divorce before your spouse does.

...

reason, divorce, Illinois family law attorneyFiling for a dissolution of marriage, or divorce, may leave some people wondering if their petition will be granted. When you file the paperwork for divorce, you must state why you are filing the petition. If a judge decides the grounds, or reason, you stated on your paperwork and evidence is not sufficient, your petition may be denied and the process will have to start over again. Speaking with an experienced divorce lawyer before you file your petition for a dissolution of marriage can save you unnecessary steps during the process.

Illinois allows the petitioner to file for a "grounds" or "irreconcilable differences" divorce. A divorce on specific grounds is generally attributed to the fault of one partner, while one based on irreconcilable differences is commonly called a "no-fault divorce."

Irreconcilable differences divorces are becoming the most common type of marriage dissolution. The spouse filing the petition does not have to list one specific reason for the divorce. Instead, he or she must sufficiently prove that there has been a breakdown in the marriage and reconciliation is not possible. In Illinois, filing for an irreconcilable differences divorce requires the couple to live apart for at least two years. If both spouses agree the marriage should end, a waiver is available for both spouses to sign to have the time limit waived. Signing the waiver means neither spouse is going to contest the proceedings.

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top