The decision to get a divorce and then to actually go through with it is difficult. It strains your emotions as well as your finances – so, you want it over as soon as you can. But soon is a relative term; it depends on your assets, children, and other issues that can make the dissolution of marriage a complex one.
Making sure you retain an experienced attorney – who has literally seen it all, heard it all, and done it all – matters. Experience provides insight that can help the attorney act proactively and devise creative solutions.
At Dolci and Weiland, we have this kind of experience. We listen to you and will act proactively and creatively to ensure your interests are protected and granted. We want the best possible outcome for you and your divorce in Wheaton, Illinois.
Divorce in Wheaton IL
Illinois is a no-fault state, and as such, there is no requirement that either partner caused the married. All that is required is an inability to get along anymore, also known as irreconcilable differences. Some basic things you should know about divorce in Wheaton, Illinois, are discussed below.
Residency Qualifications for Divorce in Wheaton IL
You must first qualify to file for a divorce in Illinois. This simply means either you or your spouse or both of you reside in Illinois and have done so for at least 90 days. To divorce in Wheaton, Illinois, there is an additional residency requirement: either you or your spouse or both of you must live in DuPage County at the time of filing for divorce.
Multiple State Residency & Divorce Qualification in Wheaton IL
For those of you who work and live in two states -- for example, Wisconsin and Illinois -- you can only file in Illinois if you spend more than 50% of your time in Illinois. Depending on the circumstances of your living arrangement, you may have to prove that you are a resident of Illinois.
Proof of Residency
- State driver's license
- Voter registration record
- Vehicle registration
- Checks with your personal address on them, or
- State taxes.
Divorce Proceedings in Wheaton, IL
Divorces in Illinois can be either uncontested or contested. Uncontested simply means there is an agreement on the terms and conditions of the divorce, i.e., neither spouse is challenging any issue in the divorce agreement. Uncontested divorces can usually be completed within one month's time.
Contested divorces, on the other hand, can take months or longer, depending on the facts and circumstances of the case. Challenges often arise out of the following divorce issues:
- Child custody
- Child support
- Alimony or spousal support
- Assets and distribution.
If there are challenges, you may consider mediation. Mediation allows you and your spouse to discuss the issues and each of your interests with a mediator. Attorneys are allowed to help guide you during the process. The benefit of mediation is coming to an agreement on your own terms rather than decisions being made by a judge.
If, however, mediation fails to produce an agreed-upon divorce agreement, trial may be necessary. Prior to trial, there will be a period of discovery, where information is shared between both sides. There will also be pre-trial hearings set in accordance with any pleadings filed. In the meantime, both parties can still negotiate the terms and come to a settlement prior to trial, If not, however, trial will begin after all the pre-hearing trials have been heard.
Dissolution of marriage papers in Wheaton, Illinois are filed at the DuPage County Courthouse located at:
505 North County Farm Road, Wheaton, IL 60187.
If your case goes to trial, the pre-trial hearings and trial will be 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 Wheaton IL
When domestic violence is present before, during, or after your divorce (remember: if your ex-spouse assaults you in any way, it still qualifies as domestic violence even though you are divorced). If you have been assaulted by your spouse, it may be important to request a restraining order. For Wheaton residents, you can request protection at:
DuPage County Courthouse
505 N County Farm Road
Wheaton, IL 60187.
As you know, a divorce is a reason for emotional pain, and sometimes that may materialize in a physical way. If you are assaulted by your spouse, you need to inform your lawyer. The same is true if you are the one who assaulted your spouse -- your attorney will need to act immediately to minimize the damage a domestic violence charge can be.
Sometimes, too, it is important that there may have been no assault at all, but one of the two parties lied as a means for some kind of “revenge” or in the hope of gaining an edge on child custody matters. If you lie about domestic violence, that can be very serious and to your detriment in your divorce case. Charges could also be brought against you.
It is important in divorce proceedings to stay civil and honest to the best of your ability. It is the best means to obtain the outcome you want. Your attorney will guide you through the process, even in times of domestic violence, to make sure you are where you need to be.
Issues Related to a Wheaton Divorce
There are many issues that can arise in a divorce, and some of the more common ones are as follows:
- Spousal support
- Child Support
- Child custody
- Custody of a pet
- Division of Assets
- Post Decrees.
Benefits of Hiring an Experienced Wheaton Divorce Lawyer
An experienced divorce attorney can help you in many ways during your divorce. First and foremost, your lawyer will ensure the proper forms, documents, and pleadings are filed and that they are filed timely and accurately. Second, your divorce lawyers will advise you of your rights and make sure they are upheld throughout the entire process. Third, your divorce attorney is full of insight and, as such, can foresee problems and proactively address them.
To ensure the divorce process goes as smoothly as possible, research for an attorney who knows the law and the courts and isn't afraid of taking your divorce to trial.
Contact a Resourceful Wheaton IL Divorce Attorney
Divorce can get complicated as much as it can get emotional. At Dolci & Weiland, we know what you are going through. We listen to you. We advocate persistently on your behalf. Contact us today for your free initial consultation.