Explaining the Legal Process of Divorce

 Posted on August 01, 2015 in Divorce

Are you considering filing for divorce? Has your spouse already filed for divorce? No matter where you are in the process, you should be aware that a divorce can be complex, lengthy, and involve many legal steps. Of course, every divorce case is different, so the complexity of your case will depend on your family’s specific situation. Many people undergoing or contemplating divorce have questions about this confusing process. If you are facing divorce in the Schaumburg area, the below information could be helpful as you prepare for your divorce. After reading this information, be sure to contact an experienced divorce attorney who can help you through the case.

Filing for Divorce
State law establishes requirements that you must meet before filing for divorce. The law requires that either you or spouse have been an Illinois resident for at least three months prior to filing. This residency requirement is essential because an Illinois family court must first establish jurisdiction, or legal authority, over the case before the judge can make any decisions.

Another important requirement relates to no-fault divorces; that is, divorces based on the couple’s irreconcilable differences. If you are filing for a no-fault divorce, the law requires that you and your spouse have lived “separately and apart” for at least two years prior to filing. However, you and your spouse can agree to formally waive this requirement if you have lived separately and apart for at least six months before a judge issues your final divorce order.

Once you are sure you meet the requirements to file for divorce, you can actually initiate your case. To start the case, you need to hire an experienced divorce attorney then your attorney will file a petition for divorce in the county circuit court where you live. If your spouse files for divorce, it will be filed in the county court where they live. For example, if you live in Schaumburg, you can file for divorce in the Cook County Circuit Court.

What Happens After Filing?
The family court judge in your county will handle the divorce, and will likely begin by setting future hearing dates and deadlines. These deadlines may establish time frames for completing discovery (a process for gathering necessary information from your spouse), finding any necessary witnesses, and other legal procedures. Both parties may choose to engage in mediation to resolve their issues out of court. Your experienced divorce attorney can help you navigate the various steps and necessary procedures throughout your case, both in and out of the courtroom.

Call Us for Divorce Help
At Fay, Farrow & Associates, P.C., our skilled family law attorneys understand that you have questions and concerns about the divorce process. We are dedicated to working closely with you throughout the duration of your case, and helping you meet your legal goals. For more information about how our Schaumburg divorce lawyers can help you, contact us online today. From there, you can schedule your free initial consultation and speak with one of our experienced family lawyer about your case.