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Three Laws about Divorce to Know in Illinois

Getting a divorce is complicated, to put it lightly. Not only is a divorce an emotionally turbulent experience that can be drawn out for months or years, but it also a very legally complex undertaking. At the law offices of Keller Legal Services, we know that if you’re thinking about divorce, you probably have a lot of questions. Our legal team is here to assist you throughout the process and provide you with the competent and honest answers you’re looking for. In the meantime, here are three important laws about divorce to know in Illinois–

1. You Must Be a Resident to File for Divorce

One important thing to know is that you and your spouse cannot be brand new to the state of Illinois in order to get a divorce here. Instead, at least one of you must have resided in the state for a minimum of 90 days before you can file. If neither of you meets the 90-day requirement, you will simply have to wait until it is satisfied before pursuing your divorce case.

2. You Must Know What the Grounds Are for Divorce

The state of Illinois has always maintained a semi no-fault option for getting divorce, but used to also recognize a number of fault-based grounds for divorce. As of 2016, though, the state is truly a no-fault system, and couples who wish to part ways must only show that they suffer from irreconcilable differences, and no longer wish to be married as such.

What’s more, there’s no waiting period if both you and your spouse are in agreement about the irreconcilable differences.

If one spouse disputes the grounds of irreconcilable differences, on the other hand, you’ll need to live separate and apart for at least six months. This is because once you and your spouse have lived separate and apart for six months, there is an irrebuttable presumption that the grounds for irreconcilable differences have been satisfied.

3. You Have the Right to Negotiate Your Divorce Settlement

A very important thing to know when getting divorced is that you and your spouse have the right to negotiate your divorce settlement; the court does not have to make a decision on your behalf. In fact, you and your spouse are encouraged to work together to reach a resolution about issues in your divorce.

If a settlement cannot be reached, then the court will step in. If the court makes any decisions about your case and divorce settlement, these decisions will be aligned with Illinois law. Child support and custody, maintenance, and property division are all covered under Illinois statute.

Call Our Lawyers Today to Learn More

If you have more questions about divorce laws in Illinois and what steps to take next, we can help. Our experienced Illinois divorce lawyers at the offices of Keller Legal Services are prepared to fight for you. To learn more, please contact us today by phone, or send us a message at your convenience. An initial consultation is free.