You’ve moved past the point of considering a divorce and think it may be time to take action, but what should you do now? While television has sensationalized divorce and made contested, messy divorces a part of popular culture, the divorce lawyers at Conniff Law Offices believe in collaborative divorce and mediation, with litigation as a last resort. You have now already taken your first steps toward starting a new life: researching divorce attorneys and how to file for divorce. Read on to learn what to do next.
In a collaborative divorce or a mediated divorce, your first step in the divorce process is to reach out to an attorney trained in the Collaborative Law Process or an attorney with mediation training.
How to File for Divorce
Illinois is a no-fault divorce state, meaning that, while you certainly have your reasons for wanting to dissolve a marriage or civil union, they are not required and have no impact on factors like spousal maintenance or child support or property division. In order to file for divorce in Illinois, either the person seeking the divorce or his or her spouse must have lived in Illinois for at least 90 days, then:
- The petitioner has the right to file a Petition for Dissolution of Marriage;
- The petition must be filed in a county where at least one of the spouses lives;
- The petition must be served on the other spouse by an individual appointed by a judge to deliver the Petition by hand.
The Petition for Dissolution of Marriage will include basic information about the relationship: the date and location of the marriage, current living arrangements, and any children of the marriage.
While filing for divorce can take a certain level of courage and determination, it is probably the simplest part of the process. The divorce proceedings themselves are when difficulties may arise, depending on. It is wise to consult a divorce attorney in even the most amicable divorces so you can discuss your options on how to approach divorce proceedings.
How to Approach Divorce Proceedings
Divorce proceedings in Chicago typically use one of four conflict resolution processes:
Even in an amicable or uncontested divorce, one or more of these processes will be used to determine the specifics of the divorce, from dissolution of assets to parental responsibilities for children. Every divorce follows the same path: petition for dissolution, conflict resolution, and enacted judgment for dissolution of marriage.
As you walk the first steps toward divorce, know that you do not need to decide on a collaborative divorce or divorce litigation right now. A divorce lawyer can help you decide the ideal method(s) of conflict resolution for your divorce and offer guidance along the way.
Consult a Divorce Lawyer at Conniff Law Offices
Even if you are still weighing the possibility of divorce, it will be very helpful to consult with a divorce attorney in Chicago who can advise you of your options. Contact Conniff Law to learn more about our divorce services and the steps to take when dissolving a marriage.