A Step-by-Step Guide to Filing for Divorce in Schaumburg | Marder and Seidler

1. A Step-by-Step Guide to Filing for Divorce in Illinois www.marderseidlerlaw.com

2. Divorce can be an emotionally challenging and complex process, especially when it comes to navigating the legal system. In Illinois, there are certain steps that must be followed in order to file for divorce. In the state of Illinois, there are several types of divorce that one can file for, depending on the couple's specific circumstances.

3. Ensure that you meet residency requirements Before initiating the divorce process, you must be a resident of Illinois for at least 90 days. This time frame is necessary to ensure that the state has jurisdiction over your case.

4. 2. Grounds for divorce: In Illinois, there are fault and no-fault grounds for divorce. The no-fault ground is known as irreconcilable differences, where both parties acknowledge that their differences are irreparable, and they have been living apart continuously for at least six months.

5. 3. Prepare and file the necessary paperwork Begin by obtaining the required forms from your local county clerk’s office or downloading them from the Illinois Courts website. The primary document needed is the Petition for Dissolution of Marriage. Fill out this form accurately and completely with information about your marriage, grounds for divorce, children if applicable, property division, spousal maintenance (alimony), and child support

6. 4. Filing Fees and Serving Your Spouse: Upon completing the necessary paperwork, file it with your local county clerk’s office and pay the required filing fee. This fee may vary depending on your county.

7. 5. Negotiate a marital settlement agreement: In many cases, couples can reach a consensus on issues such as property distribution, child custody, and spousal support. If you and your spouse can agree on these matters, work together to draft a marital settlement agreement.

8. 6. Attend court-ordered mediation if needed: If you and your spouse cannot agree on important aspects of the divorce, mediation may be required. A neutral third party will facilitate negotiations between both parties in order to reach an agreement.

9. 7. Pre-trial conference: In cases where mediation is unsuccessful or not required, a pre-trial conference will be scheduled by the court. During this conference, both parties present their positions on unresolved issues, and the judge may attempt to facilitate a settlement.

10. 8. Divorce: A divorce is a life event that can have long-lasting implications emotionally, financially, and legally. Depending upon your pre-trial conference, divorce is served to both parties.