A Chicago couple decided to move out of downtown Chicago and give their young children some space to play. They found a beautiful home in the Village of North Barrington and have enjoyed living in a more spacious area. A few years passed by, and the husband began coming home from work later and later. When his wife asked him about it, he blamed it on Chicago traffic and late work meetings.
One night, she saw a text come across his phone screen that was of a sexual nature. Further investigation revealed that he had been having an affair with a coworker. The wife has lost all trust in her husband and has decided to file for divorce. We will discuss the steps to file for divorce in Illinois below.
Ensure You Meet the Residency Requirements
The first step is to file a petition for divorce in the county where you or your spouse reside. There is not a waiting period to file a divorce petition in Illinois. However, you must have resided in Illinois for at least 90 days. Illinois does not require the spouse filing for divorce to prove a fault-based reason for divorce, such as adultery. Instead, Illinois only recognizes no-fault divorce.
When you file for divorce, you will need to state that you have irreconcilable differences that have caused the irretrievable breakdown of your marriage. You must have been separated for six months living in separate households or living in the same household during the marriage breakdown.
Negotiate a Settlement Agreement
After you file the divorce petition, you will need to begin negotiating your spouse’s property division and other vital matters in your divorce. If you can reach an agreement with your spouse on all the crucial issues, you can settle your divorce out of court. The following issues need to be settled before your divorce is finalized:
- Your division of property, including your real estate, vehicles, Investments, and money
- The division of debts
- Whether one spouse will pay spousal maintenance to the other spouse and the duration of the maintenance award
- If there are children involved, the child custody agreement
- What financial obligations each spouse will have to the children
Go to Trial
When the spouses cannot agree on these critical issues, the court will hold a trial in front of the judge. The judge will ultimately decide how to divide the couple’s property and determine child custody arrangements. Both parties will be able to present evidence during the trial, call witnesses, and cross-examine witnesses. Judges must use Illinois law to decide the division of property, child support, child custody, and spousal maintenance. When it comes to the division of property, judges consider 12 different factors to divide the property equitably or fairly.
Discuss Your Divorce Case With an Experienced Lawyer
If you need representation for a divorce or child support matter in North Barrington, Glasgow & Olsson help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.