Filing for divorce requires strict adherence to the rules and procedures. You need to meet deadlines and file documents timely. If your divorce is uncontested, then the divorce process in DuPage County is relatively straightforward. On the other hand, if your divorce is contested, then the process can meander in different directions, so having an experienced divorce attorney works to your benefit.
At Dolci & Weiland, we focus on our clients and their interests. We sit down with you and get to know your situation, your concerns, and your needs. Then, we devise a strategy. It is always our goal to obtain the best outcome for you. Below is a brief overview of divorce in DuPage County. After reviewing it, contact our office if you are ready to discuss your divorce and your options.
Qualifications Required to File for Divorce in DuPage County
To qualify for a divorce in DuPage County, two residential criteria must be met:
- Either you or your spouse or both of you must have resided in Illinois for at least 90 days prior to filing the dissolution of marriage papers; and
- Either you or your spouse or both of you must currently reside in DuPage County at the time of the same filing.
Some of you may live and work in more than one state, and as such, you may have more than one home. If so, then you can only file for divorce in Illinois if you spend more than 50% of your time here.
To prove residency, you can provide your:
- state driver's license or identification card;
- voter registration record;
- vehicle registration;
- state taxes; and/or, to a lesser extent,
- checks with your name and personal address listed on them.
Grounds to File for Divorce in DuPage County
In Illinois, you do not have to prove that the request for a divorce is the fault of one of the other spouses – Illinois is a no-fault divorce state. You are, however, required to show that the marriage broke down due to irreconcilable differences.
Irreconcilable differences refer to problems a married couple have that cannot be solved, and as such, you can no longer get along and live together.
To note, you can provide grounds for divorce, like:
- mental or physical abuse; and/or
- willful desertion for at least one year.
Though you provide grounds for divorce, these and other grounds will not be taken into consideration for things like spousal support or asset division and distribution. Some grounds, however, like domestic abuse, can be considered when it comes to things like child custody.
Your Rights during a DuPage County Divorce
You have rights during the divorce process. Depending on the facts and circumstances, you may be able to obtain temporary spousal support and/or child custody and child support.
Also, if your divorce involves a lot of assets, you have the right to know the full scope of all your assets. Your spouse is not allowed to sell any property or dispose of any assets during the divorce process.
You may also have the right to remain in your marital home when your spouse moves out. Your spouse may be obligated to continue to pay for things like mortgage and utilities – again depending on the facts and circumstances of each unique case.
Both spouses have a right to see their children during the divorce, but if one spouse attempts to take a child out of state, you may be able to file an order to show cause to stop the out-of-state travel.
You may have other rights that are specific to your case, and that's why it is always important to seek legal counsel to ensure your rights are identified and upheld.
Understanding the Divorce Process in DuPage County
Once you have decided to divorce or if your spouse has already filed a divorce, you should retain a divorce lawyer. This is especially true if children or large assets are involved in the divorce. An experienced divorce attorney knows your rights and can identify key issues that need to be investigated to ensure your rights are upheld. Below is a brief overview of what you can expect during the divorce process.
- The initial forms are filed at the Domestic Relations Division at DuPage County Court, and this includes:
- Petition for Dissolution of Marriage
- Your spouse's Appearance
- Motion to Continue
- Financial Affidavits
- Your spouse reviews the documents and either agrees to them or contests them.
- When a divorce is contested, the divorce process will be longer and can include but is not limited to:
- hearings (to make decisions on finances, child custody, etc.)
- investigations (e.g., accusations of abuse, hidden assets, or other concerns).
- After all the decisions on child custody, support, finances, and any other matters have been finalized, a prove-up hearing is held. At this hearing, you must testify to the information you provided. Both parties must demonstrate they understand the terms of the divorce and prove they understand via their testimony, then the marriage may be dissolved and divorce may be granted at the end of the prove-up.
Where We Represent Our Clients in DuPage County
Our divorce lawyers at Dolci & Weiland represent clients throughout DuPage County generally, including:
We know DuPage County, its communities, its culture, and its courts. We use the combination of our experience and insight to help make sure your divorce goes as smoothly as possible. We are committed to you and will advocate strongly and strategically to uphold your interests.
Contact Compassionate, Resourceful Divorce Lawyers in DuPage County Today
Getting a divorce can often be a traumatizing experience, even when the divorce is uncontested and amicable. In cases where the divorce is contested and spouses are less than congenial, you want to make sure your rights and interests are considered and accounted for.
At Dolci & Weiland, our divorce lawyers in DuPage County are client-focused as much as they are diligent and thorough. We will review your case, identify key issues, make important recommendations, and pursue your rights and interests with strategy and persistence. It is our goal to obtain the best outcome for you and your family.
If you have questions or want to start the divorce process today with a skilled attorney, contact Dolci & Weiland. We always offer a free initial consultation so we can review your case and make sure we are the right law firm for you.