In Illinois, what most people refer to as “divorce” is technically called “dissolution of marriage”. The legal requirements for entry of a judgment of dissolution are simple:
Irreconcilable differences leading to an irretrievable breakdown of the marriage is the only ground for divorce in Illinois—the state no longer provides a process for obtaining a divorce “for cause”. And, if the parties have lived separate and apart for at least six months immediately preceding the filing, irreconcilable differences are presumed.
However, the process may be much more complicated than those elements suggest, since the divorce court must also make determinations regarding child custody, child support, property division, responsibility for outstanding debts, and spousal maintenance.
In some cases, a couple may be able to use one of two streamlined processes: Joint Simplified Dissolution or Uncontested Divorce. One of the attorneys in our office can help you determine whether you qualify for one of these simplified processes, which can save you both time and money.
When a divorce case is contested as to either the grounds for divorce or the substantive issues such as property division and parental responsibilities, the trial is broken into two parts. First, the court determines whether grounds for the divorce exist.
Then, if the court finds that there are irreconcilable differences which have caused the irretrievable breakdown of the marriage, the court may allow time for the parties to attempt to resolve the remaining issues on their own, or may proceed to trial.
Depending on the issues remaining, you may have to present evidence regarding the value of your property, the nature and source of your debts, each party’s income, each party’s living situation, issues regarding the welfare of any minor children and more.
If you and your spouse are unable to resolve the issues amicably, we’ll prepare and try your case, fighting for your financial security, your family relationships and your future.
If you need help with a divorce contact the attorneys at Callahan & Hockemeyer, P.C. for help.