Knowing how to file for divorce can help you ensure a seamless process. Filing for divorce in DuPage County involves meeting the residency requirement. Either you or your spouse must have lived in Illinois for at least 90 days before the divorce is final (at least 180 days if minor children are involved). Another important step is to file a Petition for Dissolution of Marriage. Arrange for your spouse to be served with divorce papers. The two of you also need to address issues such as asset division and child custody. If the divorce is uncontested, the process should be simpler. Contested cases often require more time to resolve and may involve court hearings.
A divorce attorney can expedite the process and protect your interests. Call Erlich Law Office at 630-538-5331 for help.
Residency Requirements to File for Divorce in Oakbrook Terrace
Illinois has residency requirements for people seeking a divorce in the state. One of the spouses must have resided in the state for at least 90 days before filing or before the divorce becomes final. If minor children are involved, the residency requirement extends to 180 days due to jurisdiction over child custody matters. Meeting residency requirements is important because it means the court in DuPage County has the authority to grant your divorce.
You can file without yet meeting residency requirements. A final judgment (finalized divorce) will not be possible until you do meet these requirements, though.
Grounds for Divorce
Divorces in Illinois are no-fault, with the grounds being irreconcilable differences. With no-fault divorces, the spouses do not need to prove that one is to blame for the marriage breaking down. Irreconcilable differences do mean that the marriage has broken down past the point of reconciliation, or that reconciliation is not in the family’s best interests.
Both spouses can agree that irreconcilable differences exist and expedite the divorce. This agreement waives an Illinois requirement that the spouses live separately for six months or longer.
If one spouse does not agree, the six-month period must apply. The spouses can be living under the same roof, just separate and apart. For instance, they may have separate bedrooms, handle financial issues separately, or live independent lives.
Illinois Divorce Checklist
An Illinois divorce checklist can keep you on track and maintain your focus. Items to consider when planning your divorce include:
- Pre-divorce considerations, such as consulting a divorce attorney, gathering tax returns and other financial documents, closing and opening financial accounts, and looking into mediation
- Filing considerations, such as preparing the petition and arranging for the other party to be served
- Divorce considerations, such as property division and custody and child support plans
- Post-divorce matters, such as changing and updating your name (if you choose to do so), closing financial accounts and opening new ones, and updating estate planning
When Should You Hire a Lawyer?
The earlier you hire a lawyer, the earlier you can learn more about how to file for divorce and consider your options. However, a divorce attorney can help at any stage, even when the divorce is nearing its end. A lawyer can even help post-divorce, such as with modifications.
The questions to ask a divorce lawyer vary depending on where you are in the process. For instance, if you are considering how to file for divorce, you might want to ask about how custody works, your rights with property and assets, and whether you could qualify for temporary child or spousal support while the divorce is pending.
If you are getting ready to file, you could ask about the paperwork and documentation you need, how long the divorce timeline should take, and whether settling out of court with mediation or collaborative divorce would be possible.
If you are in the thick of the divorce process, you can ask what to expect during court hearings, about strategies your lawyer and the opposing lawyer might use, and how you could enforce the terms of the divorce.
Post-divorce, you might want to learn about modifying child custody arrangements or moving out of state, among other things. Questions about changes in spousal support are common, too, as are issues with enforcing the division of assets or debts and an uncooperative ex-spouse.
Overall, it is possible to handle a divorce alone, but legal advice is beneficial even in seemingly straightforward divorces. Some people make hasty decisions they regret later, especially if emotions cloud the issues. In fact, numerous scenarios lend themselves to the need for a divorce attorney.
Protection of Legal Rights
When both spouses agree on most or all issues, a lawyer can still clarify how to file for divorce. An attorney also can protect your rights and make sure the settlement is fair.
Emotional Support and Objective Advice
Divorce is often emotional and clouds judgment. A lawyer provides objective advice and takes care of paperwork, negotiations, and other matters. This assistance allows you to focus more on moving forward.
Complex Asset Division
Many couples have assets such as real estate, businesses, retirement accounts, and investments. Legal guidance helps protect your interests and helps ensure an equitable distribution.
Child Custody
It can be tricky to negotiate a fair arrangement for child custody and parenting time. For instance, the parents may have different philosophies and ideas on what the children’s best interests are.
The parents may not trust each other, and power imbalances may exist. Fear about the children’s well-being can increase stress during custody discussions, too. Logistical conflicts are common, and a lawyer’s perspective may lend itself to solutions that balance parent-child quality time with proper planning and flexibility.
Spousal Support
During discussions on how to file for divorce, an attorney can help you determine whether spousal maintenance (alimony) is warranted. Calculations for the appropriate amount and duration are necessary, and an attorney can handle that, too. Illinois has guidelines for alimony, but they do not apply in all situations.
How to Start the Divorce Process in DuPage County
Filing for divorce in Illinois involves several steps:
- One spouse (the petitioner) files a Petition for Dissolution of Marriage in DuPage County or the appropriate county. The petition offers the grounds for divorce and the relief being sought on matters such as the division of assets and child custody.
- The other spouse (the respondent) gets served with divorce papers and has 30 days to respond.
- Both the petitioner and the respondent can request temporary orders for child custody, child support, and spousal maintenance.
- The parties usually engage in negotiation or mediation to resolve various issues. The court must approve these agreements.
- If the parties cannot agree on at least one issue, such as asset division or child custody, the divorce is contested. The court intervenes with hearings and possibly a trial. Your lawyer can help with how to prepare for your family court hearing.
For instance, there are likely to be key points to address in court, and counterclaims or defenses. The strategy your lawyer develops will involve certain types of evidence and witnesses. You may need to testify, and rehearsing what you will say can help you better make your points and anticipate questions. Practicing is also a good way to stay calm and composed while you testify.
Your divorce case can settle before or during hearings, too. If settlement talks occur, your attorney can help you evaluate these offers.
How Much Does It Cost to Get a Divorce in Oakbrook Terrace?
Knowing how to file for divorce is just one of the considerations when splitting. Finances are another issue. Divorce costs in DuPage County depend on factors such as the complexity of the case, whether the split is contested or uncontested, and attorney fees. Basic costs such as filing fees apply, too. For instance, filing for divorce with minor children in DuPage County is $348, and if the other spouse responds, the fee is $223.
Contested vs. Uncontested Divorces
Contested divorces often incur additional expenses due to more attorney fees, court costs, and hearing/trial matters.
Attorney Fees
An attorney’s hourly rate may be between $200 to $400, but some attorneys offer flat fees for uncontested divorces. These fees could be $2,000, $3,000, or a higher amount for cases that are a bit more complicated. With contested divorces, issues such as complex finances, custody disagreements, and uncooperative spouses can increase the hours an attorney works on the case.
Mediation
These costs could be between $150 to $300 per hour, although sliding-scale arrangements based on income may be possible.
Various Expenses
Parenting classes, property valuation fees, and document preparation fees are some other expenses. They should add a few hundred or few thousand dollars to the cost of some divorces.
You do not have to go through the divorce process alone. For help with how to file and other steps, contact us at Erlich Law.
