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posted on 2/4/24

Just picture this: you live in a nice home in Schaumburg with your spouse, and you’ve been married for a little over seven years. 

Even though you’ve been married for seven years, your marriage has not been a very happy one. The primary reason for this is that your spouse is not who you thought they were before you got married.

You are unhappy, and, as such, you would like to start the New Year on the right foot: with a divorce that will allow you to live your best life, away from the tension and difficulty your current marriage has created.

Going over what you can do to obtain a divorce when your spouse is not who you thought they were and speaking with a Schaumburg divorce attorney at Glasgow & Olsson will ensure that your divorce goes smoothly.

How Can You Get A Divorce When Your Spouse Is Not Who You Thought They Were?

On January 1st, 2016, the state of Illinois became a no-fault state. What this means is that two spouses can come together and say that their marriage has “irreconcilable differences” and, in doing so, get a divorce.

Or, at least, that’s the basic idea. In reality, certain conditions must be met, and these are as follows:

  • You and your spouse must have lived in the state of Illinois for ninety days.
  • You and your spouse have lived separate and apart for the statutory period.  This does not mean living in a different home. It means living separate lives. Consult with one of our attorneys to discuss if you meet this statutory requirement.

Regarding the latter condition, this can be waived if both spouses agree to do so. But, if they do not, then this requirement must be met before any action can be taken.

If those conditions are met, you can complete the necessary paperwork and start the divorce process. And once this process begins, there are a number of other things that must happen.

Out of all the other things that must happen, the most important is you and your spouse negotiating. It can be possible to avoid divorce court. If that does not take place, you will need to show up to divorce court and sort out the complexities of your case.

What Happens At Divorce Court?

A wide variety of issues must be dealt with right before a divorce can be granted. Some of the most notable of these issues are as follows:

  • Maintenance.
  • Child custody.
  • Child support.
  • Marital property division.
  • Time sharing.
  • Visitation.

If negotiations go well, then you will not need to go to divorce court to come to an agreement. This means seeing eye-to-eye on matters such as, say, the amount of maintenance you will receive or the ways in which your marital property will be divided, for instance.

However, if negotiations don’t go well – or you and your spouse are unable to come to an agreement regarding what you deserve – then you will need to go to divorce court and make a case for yourself with the help of an attorney.

Get Qualified Legal Help

If you want to obtain a divorce in Illinois, then Glasgow & Olsson is uniquely qualified to assist you.

When you need an attorney, experience matters.

Speak with one of our Schaumburg family law attorneys today, and we will help you obtain a divorce.