If you’ve decided to file for divorce or have just received divorce papers from your spouse, you should know that few people are able to sort out the details of a divorce on their own. In addition, if a marriage leads to divorce, communication between spouses has more than likely been significantly disrupted. This makes it difficult to independently negotiate the terms of the divorce. As a neutral third party, a family law attorney can greatly reduce the stress and pain of the divorce process.
Tommalieh Law’s divorce attorneys understand how complicated the divorce process can be. We have many years of experience handling all family law issues related to divorce, and you can rely on our knowledge and experience to protect your legal rights and financial interests throughout the process.
Our firm strongly believes in the principles set forth in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), which includes the following:
- Facilitate the peaceful resolution of disputes between the divorced parties.
- Reduce the potential harm to divorced spouses and children from divorce proceedings.
- Recognize the child’s right to have healthy relationships with both parents, and the rights and responsibilities of parents to build and maintain those relationships.
With these principles in mind, our team of attorneys will do their best to resolve your divorce terms through negotiation or mediation. However, we are aware that there are situations that are not negotiable. In such cases, we will actively represent you in court and a judge will decide the remaining family law issues.
Current Facts About Divorce Laws in Joliet, Illinois
Here are some basic facts about Illinois divorce laws, which are current as of 2019:
- Residency requirements: You must have lived in Illinois for 90 days prior to filing for divorce. All minor children must have lived in Illinois for at least six months.
- Reason for divorce: All divorces in Illinois are resolved on the basis of “irreconcilable differences”.
- Waiting period: There is no mandatory divorce waiting period in Illinois.
- Processing time: How long it takes to get a divorce in Illinois depends primarily on how long it takes you and your spouse to agree to the terms of the divorce. If you have minimal assets, no children, and have already agreed to the terms of your divorce before filing, your marriage could be legally terminated within a few months. The average waiting period is 6 to 18 months.
- Contested vs. Uncontested Divorce: A divorce is free of contention if a completed spouse reconciliation agreement (including parental time allocation and parental decisions, if any) can be filed in family court. However, a divorce is considered “disputed” if you and your spouse do not agree to all the terms of the divorce, or if a divorce attorney must present your case to a family law judge for a decision.
What Steps Comprise the Divorce Process in Joliet, Illinois?
Experienced Will County divorce attorneys have the skills and experience needed to navigate divorce and reach an agreement that fits your unique case. Here’s a typical divorce process for Joliet, Illinois:
- File your first petition in court for divorce and then serve the divorce papers to your spouse.
- If necessary, file a request for temporary support, also called spousal support, and temporary child support.
- If necessary, petition for a temporary restraining order to protect you from:
- Violation of an individual’s liberty by filing a domestic violence or protective order. This may include granting exclusive title to a family home.
- Removal of your children from the jurisdiction of the court.
- Discuss the terms of your family settlement agreement, such as spousal support, child support, division of marital property and debts, pet ownership, grandparent visitation hours, or other issues, including your child’s college tuition.
- If you have minor children, discuss the terms of your parenting plan, including:
- Sharing of parental decisions, also known as legal custody.
- Parent time allocation — also known as visitation.
- If necessary, the family court will hear arguments from both parties and resolve the matter.
Once all the terms of the divorce have been resolved, an experienced divorce attorney can represent you in the required evidence hearing and formally file the spouse settlement agreement in family court for approval.
Contact Our Experienced Will County Divorce Attorneys Today for Legal Advice!
We at Tommalieh Law are dedicated to providing the strong legal representation you need to keep you thriving and secure after a divorce.
We serve customers in Will County, Kendall County, Kane County, Lake County, and Dupage County — all throughout Illinois — and we can help solve your legal problems during these difficult times.
Contact our family law office at (708)-232-0017 today for a free initial consultation!