Divorce regulations are different depending on which state you reside in. Many basic procedures exist for filing for a divorce. With any divorce, it is important to determine if it is the right decision for you. Therefore, understanding some basic divorce information can be useful in the future. One of the first requirements for filing for divorce is meeting the residency requirements.
For instance, in Illinois, you or your spouse must be a state resident for at least 90 days before filing for divorce. Each state has its residency requirements, so research your state’s regulations regarding residency.
Second, you need to have legal grounds to obtain a divorce or terminate your marriage. Grounds are legalized reasons for obtaining a divorce. One of the grounds available in Illinois includes irreconcilable differences. For this standard, the judge must conclude that the couple cannot reconcile and there is a breakdown of the marriage.
Furthermore, there needs to be documentation and proof provided to show this and that any efforts to come together for the marriage have failed. Moreover, the marriage no longer serves the interests of the family.
As with any state, before the judge grants a divorce, the couple must have the requirements for filing for divorce. As mentioned above, these can be residency requirements and grounds that must be satisfied for the divorce case to proceed.
Third, you must file divorce papers and have copies sent to your spouse. The local county office in Illinois will have information on self-help and how to obtain the documentation needed to file for divorce. Additionally, the county office will provide details on what the process will be like and what steps are needed for the case to proceed further.
Fourth, after filing your case, if your spouse disagrees with any of the material in the divorce papers, they will have the chance to file papers informing the judge about their side of the story. This is referred to as “contesting the divorce.” This implies that you need to appear in court, and you would need to attend several hearings to resolve those issues. However, if your spouse agrees with everything, they must sign the documentation, and the judge will proceed. This is known as an “uncontested divorce.”
Fifth, if any property is involved, it must be divided. Many issues can arise with this. Therefore, working out the finances with your spouse ahead of time is recommended to ease this process. However, most lawyers understand that this will not be the case. There may be multiple hearings to resolve this and out-of-court settlements.
Marital property division can include real estate, investments, other assets, and the division of debts. Property includes real estate, furniture, cars, bank accounts, stock, and retirement plans. It can also be anything acquired during the marriage unless it is a gift. Inheritance is also excluded from marital property. Understanding what is included in marital property and what is not is important for your case. Property division seems to be one of the most challenging aspects of divorce.
Furthermore, tangible things can include medical bills, mortgages, and credit card payments. Depending on which state you reside in, certain standards are in place for determining who is financially responsible for the bills. Remember that, unlike some other states, Illinois law mandates that marital property and debts be divided “equitably,” which may or may not be equal.
To determine what is equitable, the judges will review some factors relating to how and when these objects were acquired. They will also review each party’s financial state and the likelihood of them acquiring any assets in the future. The court will further consider how each party utilized any marital income during the marriage and how it was distributed to the children.
Additionally, the Illinois courts will decide how the debt will be distributed among the parties. Many divorcing couples cannot agree about many issues relating to divorce. Therefore, it is suggested to resolve some of these disputes through negotiation under the supervision of mediators. However, in general, most divorce cases are settled by agreement because proceeding to trial can be expensive in many situations.
