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Wheaton divorce attorneysA divorce is typically a last resort for a couple who may have tried marriage counseling or therapy in an effort to solve their problems. Illinois recognizes “irreconcilable differences” as the only grounds for divorce, meaning that the marriage is considered beyond repair. While there is no longer a requirement in Illinois for divorcing spouses to live apart, a six-month period of living separately will be taken by the court as proof that there are irreconcilable differences between the parties.

Once the decision to end a matrimonial union has been made, there are legal steps that need to be taken in order to complete the divorce process. Even if a couple works together to come to agreements on financial or child-related issues, there are still obligations each party must meet for the final divorce decree to be issued.  

Divorce Proceedings

Illinois requires residency for a minimum of 90 days before a person can file for divorce. The proceedings are initiated when one spouse (petitioner) files a Petition for Dissolution of Marriage in his or her county’s court. After the filing, the other spouse (respondent) is served with the petition. The respondent has 30 days to file a response to the petition. If this is not done within the appropriate time period, a judge can enter a default judgment against that spouse. 

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