When a couple thinks of divorce, it’s always best to come to a resolution without conflict. More often than not, that’s not the case because divorce leaves not only to the couple involved, but their immediate families feeling stressed and emotionally drained.

Whether divorce means the two parties reach a reasonable resolution or an unavoidable conflict, I am here to assist you every step of the way. McAuley Family Law is a family law firm based in Barrington, Illinois, and serves clients throughout Lake, Cook and McHenry Counties, making sure that you get the proper advice and representation. My approach to law is to treat both parties with respect, and to negotiate a resolution that is favorable to you, after the careful consideration of all the options.

Illinois Divorce Laws

A divorce in the State of Illinois is referred to as ‘Dissolution of Marriage.’ In order to file for divorce in the State of Illinois, at least one spouse needs to be a resident of Illinois for a minimum of 90 days prior to the filing date. Either party may file a Petition for Dissolution.

If you have been served with a Petition for Dissolution, you have 30 days to file an Appearance or otherwise respond. If you fail to do so, you may be held in default and the court can proceed to dissolve your marriage without your participation. If a party has defaulted, the court has the power to make findings and enter orders adverse to their interests. It is important for you to participate in the litigation to ensure a fair distribution of assets and debts, and that appropriate child and/or spousal support is established. The best way to ensure that your interests are protected is to hire an Illinois family law attorney to represent you.

Under Illinois law, you may qualify for an ‘Illinois Joint Simplified Dissolution Procedure’ to simplify and streamline the entire process. But only if certain conditions are met, including but not limited to the following:

  • There are no children of the marriage
  • There is no real property owned by either party and the duration of the marriage does not exceed 8 years
  • The two parties have reached a full agreement as to division of assets and debts

If you think you may qualify for this procedure, a qualified divorce attorney with extensive experience in this area can guide you through the process.

Legal Grounds for Divorce in Illinois

Illinois is a “no-fault” state. This means that you will be granted a divorce if the court finds that irreconcilable differences have caused the irretrievable breakdown of your marriage and efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of your family.

Some people are surprised to learn that one party’s bad behavior will have no bearing on the dissolution process or outcome in Illinois.

If either you or your spouse is contemplating a divorce, I will guide you through the process, decreasing the associated stress and anxiety. Each divorce is unique and requires a careful and thoughtful approach, keeping your best interests in mind. I will work tirelessly to ensure that you are able to reach the best possible outcome for your unique situation.

The importance of your final Agreement or Judgment cannot be overstated. You will be bound by its terms and can even be held in contempt of court for failure to abide by those terms. A poorly drafted document will likely cost you additional time and money down the line. Make sure it is done correctly.

Contact MFL Today for a Free Consultation

If you are considering or facing divorce, schedule a free consultation by calling me today at 224-633-3320 or by clicking here.

With McAuley Family Law, you get the right combination of personal, compassionate, and individualized attention, with powerful and skilled legal divorce representation.