Deciding to get a divorce is never easy, but it can be more difficult if one party does not want to get divorced. Learn more about getting divorced in Illinois in this blog post, then our divorce lawyer in Chicago Michael C. Craven can answer any detailed questions you may have.
Illinois Is A No-Fault Divorce State
The first thing to understand is that Illinois is a no-fault divorce state. This means that the court does not require you to prove that the other party did anything untoward, such as committing adultery. No-fault divorces are beneficial because they can often be resolved faster than a fault-based divorce.
What Does Illinois Law Say About Divorce?
According to the Illinois Marriage and Dissolution of Marriage Act, there is an irrebuttable presumption that the no-fault standard of irreconcilable differences has been met when the spouses live separately and apart for at least six months. If that happens, there is little that one spouse can do little to prevent the divorce.
One can still obtain a divorce if not living separately or living separately for less than six months if they prove the marriage is irreconcilably over. Although a spouse not wanting a divorce can argue that the marriage is not irretrievably over, that tactic can be countered by separating for six months and as a result this type of challenge is very rare So, your spouse does not have to agree to divorce you for the dissolution to happen.
Still, there are situations where a spouse files for divorce in Illinois and the other will not settle. In those cases the divorce will move forward but the matter will be litigated and may ultimately be deiced by the judge.
How To Prove Irreconcilable Differences
Under the law, the party filing the divorce should state in his or her petition that irreconcilable differences led to an irretrievable breakdown and that past attempts at reconciliation have failed and future attempts to reconcile will also fail. If the parties have been separated for six months or more that too should be stated. Note that the six-month separation does not need to be satisfied at the time the case begins, rather it need only be satisfied before the divorce case is finalized.
What If Your Spouse Contests The Divorce?
After you serve your spouse with divorce papers, they have a period to respond and contest the divorce. In the response, your spouse will admit or deny the claim that the marriage is irretrievably broken. In most cases that fact is admitted. It is usually best to have a divorce attorney represent you in a divorce, and in cases that are contested, the divorce could take six months to two years or more to resolve.
Contact Our Chicago Divorce Lawyer Today
If you want to get a divorce in Illinois, you need the assistance of an experienced attorney to ensure that you get the best divorce settlement, and in the absence of a settlement you are protected in court. Please contact our divorce lawyer in Chicago Michael C. Craven for legal assistance at (312) 621-5234.
