How Do I Start A Divorce If I Am Unsure Where To Begin?

 Posted on November 13, 2024 in Divorce

When a married couple no longer wants to continue being together, they can get a divorce. While the vast majority of people in America are familiar with this concept, many of us have no idea how to go about actually making a divorce happen. There are several steps that need to be taken and things to keep in mind. Luckily, if you are ready to get divorced and do not know how to get started, an experienced Naperville, IL family law attorney can help.

Step 1: Determine Residency

There is no waiting period for filing for divorce in Illinois, but residency requirements need to be met. At least one of the spouses needs to reside in Illinois for at least 90 days before filing, and the petition needs to be filed in the county where at least one spouse lives.

Step 2: Prepare a Petition for Divorce

A divorce petition is essential paperwork that you need to file with the court in order to have your case processed. You will need to fill out forms and provide detailed personal information. A major aspect of the divorce petition is a section on the grounds for divorce, where you explain why you want the divorce.

Illinois is a no-fault state, meaning neither spouse is held responsible for the ending of a marriage. The only grounds recognized in Illinois for a divorce to be granted is the vague, general category of "irreconcilable differences." That means that for whatever reason, the marriage has broken beyond the point of repair, and all attempts to reconcile have failed.

Step 3: File the Petition for Divorce

Once you have determined your residency, you know where you can file your paperwork. The divorce petition needs to be filed with the circuit court in whichever county you or your spouse live.

Step 4: Pay the Filing Fee

There is a fee for filing for divorce. In Illinois, the fees differ by county, so make sure you know exactly how much you need to pay at the specific court where you will file your petition. You can apply for a filing fee waiver if you cannot afford to pay it.

Step 5: Notify Your Spouse

In Illinois, the spouse who initiates and files for divorce is called the petitioner, and the other spouse is called the respondent. Illinois law demands that the petitioner notifies the respondent that divorce paperwork has been filed through a service of process. This means that the other spouse is officially given a copy of the divorce petition and a court summons that includes the date and time to appear in court.

Service of process can be carried out by a process server or sheriff. If the respondent can not be reached, the papers can be given to someone of suitable age and discretion who lives with the respondent. If the respondent cannot be found, the court sometimes allows the petitioner to place a notice in the newspaper in lieu of getting the paperwork delivered to the other spouse.

Schedule a Free Consultation with a Naperville, IL Divorce Lawyer

It can be overwhelming trying to decide what to do next when you know your marriage is over. Fortunately, a qualified DuPage County, IL family law attorney can help. At Pesce Law Group, P.C., we have years of experience helping couples and families navigate the steps involved in legally ending a marriage, and we are dedicated to ensuring that your rights and best interests are protected. Call us at 630-352-2240 to schedule a free consultation.