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January 5,2021

Divorce

Things You Should Know About Your Illinois Divorce

HomeBlogDivorceThings You Should Know About Your Illinois Divorce

Every divorce proceeds in unique ways, and no two are ever exactly alike. There are, however, some divorce basics that apply to every Illinois divorce. If you’re facing a divorce, the first order of business is to consult with an accomplished DuPage County, Illinois, divorce attorney sooner rather than later. 

There are Jurisdictional Factors Involved

There are several jurisdictional factors that apply to all Illinois divorces, including:

  • You must have lived in the state for at least 90 days before filing. 
  • You must file in either the county you live in or in the county your spouse lives in.
  • You must have been separated from your spouse for at least six months prior to filing (although this requirement can be waived in some situations, including if you and your spouse mutually agree). 

Most Cases Do Not Proceed to Court

The vast majority of divorce cases in Illinois are settled out of court. Divorce is never finalized until the major components are settled, including:

If one or more of these matters becomes a sticking point, it will stall the divorce process, but you have options before you need the court to intervene on your behalf. If you and your spouse are unable to negotiate between yourselves (with your respective attorneys’ legal counsel), your attorneys can negotiate for you and on behalf of your best interests. 

If unresolved matters remain, you, your divorcing spouse, and your respective divorce attorneys can turn to mediation – where a professional mediator will help you explore your available options relative to what the court is likely to order in your case. Ultimately, your case will take as long as it takes you and your divorcing spouse to agree on terms or to turn to the court for intervention on your behalf. 

Interesting to Know

Divorce tends to take people by surprise (even if it’s been brewing for many years), and there are several Illinois divorce facts that tend to be surprising, including:

  • Annulments are very rare, and the term usually applies only to religious procedures.
  • Legal separations while rare, may be appropriate in limited circumstances. 
  • Fault isn’t likely to play a significant role in your divorce, but this isn’t universally true.
  • Your children have no say in custody decisions, but as they become more mature, the court is more likely to consider their input. 
  • Factors that tend to further complicate the already-complicated matter of divorce include business ownership, high assets, and complex financial holdings. 
  • There is no preference for awarding parenting time to mothers or fathers.  The best interests of the child guides custody (or parenting time decisions).  

It’s Time to Consult with a Practiced DuPage County Divorce Attorney

Your divorce is unique to you and your divorcing spouse. This is why Cameron H. Goodman at Goodman Law Firm – proudly serving DuPage County, Illinois – dedicates his practice to helping clients like you obtain divorce terms that protect their financial and parental rights while supporting their best futures. To learn more, please contact us today.

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