Divorce can get complicated pretty quickly and so can your emotions. But you can't let your emotions get in the way of making sure everything is filed accurately and timely. One mistake can prolong the process, and you don't want that because it can impact your emotions, your time, your finances, and your energy, among other things.
It is in your best interests and everyone else who is involved to retain a competent and resourceful divorce attorney who represents clients in Downers Grove, Illinois. Our family law and divorce lawyers at Dolci & Weiland are resourceful, knowledgeable, and compassionate. We will take your divorce matters into our own hands so you can take care of everything else. Contact our office to learn more about our approach to divorce and how we may best help you during this difficult time.
Divorce in Downers Grove, Illinois
As a no-fault state, Illinois does not require proof that one spouse caused the need for a divorce. All that is required is an admission that you can no longer get along and live with each other, which is referred to as irreconcilable differences.
Getting a divorce in Downers Grove, Illinois, means an understanding of the law and divorce procedures in Wheaton. Below is a brief overview of what you should know at a minimum.
Residency Qualifications for Divorce in Downers Grove IL
To file for a divorce in Wheaton, Illinois, there are two basic qualifications that must first be satisfied. These qualifications are:
- You or your spouse or both of you reside in Illinois and have done so for at least 90 days; and
- You or your spouse or both of you must live in DuPage County at the time of filing for divorce.
Two-State Residency & Divorce Qualification in Downers Grove IL
Some residents of Illinois work part of the year in another state, and as such, have established a residency in another state for part of the year. In cases like this, in order to file for divorce in Illinois, you may spend more than 50% of your time in Illinois. You will also need to provide proof of residency, and examples of this kind of proof are listed below.
Proof of Residency
- State driver's license
- Voter registration record
- Vehicle registration
- Checks with your personal address on them
- State taxes.
Divorce Proceedings in Downers Grove, IL
There is no one way that a divorce proceeds. Each divorce is different, but generally speaking, there are two kinds of divorce: contested and uncontested. The latter simply means both parties agree to the terms and conditions of the divorce agreement and that no term or condition is challenged. A contested divorce means the complete opposite: one or both parties dispute the terms or conditions or simply cannot agree on anything.
Common divorce issues that are often challenged in divorce include:
- Spousal support
- Child Support
- Child custody
- Custody of a pet
- Division of Assets
- Post Decrees.
If there are disputes, then the divorce process will take longer, months or more than a year. You may want to consider mediation. Mediation allows the parties to share each party's interests in an unbiased setting, moderated by a third-party mediator. Attorneys are allowed to help guide you during the process. The benefit of mediation is the ability to make the decisions among yourselves and not made by a judge who can never understand the depth of your situation.
If mediation fails, then you may have to proceed with a trial. There will be the discovery phase where information will be shared among the parties. Depending on the facts and circumstances, an investigation may be conducted -- if not already -- into things that the other partner may be lying about or hiding, e.g. assets like bank accounts. After discovery, there may be a set of pre-trial hearings. The trial will follow so long as you and your spouse still have not yet worked out an agreement.
Dissolution of marriage papers in Downers Grove, Illinois are filed at the DuPage County Courthouse located at:
505 North County Farm Road
Downers Grove, IL 60187.
If there is to be a trial, hearings are held in the Domestic Relations courtroom, which is at the above address and located on the third floor near the big windows.
Domestic Violence & Divorce in Downers Grove IL
Domestic violence is a concern during divorce proceedings. For some, it's a very real concern they have already been living with or it becomes one once the papers are filed. If you have been assaulted in any way by your spouse, you should consider obtaining a restraining order. You may do so at
DuPage County Courthouse
505 N County Farm Road
Downers Grove, IL 60187.
Be sure to advise your attorney of domestic abuse, too, as there may be some precautions that need to be taken in order to address the matter. If you have children, this becomes particularly important.
Also remember that even after a divorce, if your ex-spouse assaults you, it is still considered domestic violence. You should contact the police as well as request a restraining order.
On the other hand, sometimes a spouse will claim domestic violence when done took place. They do so in order to get an upper hand in child custody or other related disputes. You should know that a false claim will work against you and that you can be charged for it.
If you are the subject of a false domestic violence allegation, advise your attorney immediately because steps will be needed to be taken right away to avoid or minimize the impact of the claim.
Contact an Experienced Downers Grove Divorce Attorney Today
No one wants to go through a divorce. So, you want to get it over as soon as possible and to the extent the outcome mirrors your interests. Retaining the right divorce lawyer is important.
At Dolci & Weiland, we exist to serve our clients. We know the law because we are experienced. We know the courts because we aren't afraid to go to trial. We know our clients because we listen to them. Contact us today for your free initial consultation.