Divorce proceedings for Joliet, Plainfield, and Will County residents can be a complicated process. You should consult with a lawyer in order to ensure all of your interests are fully protected. Additionally, having knowledge about divorce proceedings can help you understand what is happening.
You may wish to obtain a divorce (also known as a dissolution of marriage) on various grounds, such as: mental, physical cruelty or abuse, and, drug or alcohol abuse. You may also justify a divorce for irreconcilable differences if you have lived separately from your spouse for more than 2 years, or, if you and your spouse both agree to the divorce and lived separately for at least 6 months. Additionally, to obtain a divorce for irreconcilable differences you must claim that you and your spouse have attempted to save the marriage, but it can’t be saved.
The first step in divorce proceedings is filing a Petition for the Dissolution of Marriage in Will County, Illinois. This is asking the court to hear the issue of your divorce and requests that the marriage be ended. Next, your spouse must be notified of the divorce proceedings against him/her. This is done through a summons that is served by the Sherriff’s department, or your spouse may waive service. Once served with the divorce papers your spouse has 30 days to file a response to your action. You can then ask for a hearing date to be set.
At the divorce hearings you will go to the courtroom and the judge will consider your petition for dissolution of marriage, as well as, issues on custody of children, child support, and division of property. The judge may also order spousal maintenance (alimony), to be paid to you, or by you.
Once the judge has signed on the Judgment of Dissolution of Marriage and made orders on other marital issues, the judgment and orders must be filed with the Will County Clerk and a file-stamped copy must be sent to your spouse by certified mail.
Forms and more information about divorce in Will County, Illinois can be found at http://www.willcountycircuitcourt.com. Keep in mind that no 2 divorces are the same, and each dissolution of marriage will have different issues and outcomes. Multiple different factors, such as, whether your spouse is contesting the divorce, or the presence of children can complicate the process even further. Hopefully, knowing a bit about the divorce process in Will County will help ease your mind during a difficult time. If you have a situation that you would like to discuss with an experienced Will County divorce attorney, please call: Hamilton & Antonsen, Ltd. at 815.729.9220 for a complimentary consultation.