Divorce is a complex process for those who are divorcing as well as attorneys representing clients who are dissolving their marriage. This issue is also intricate in Illinois, because it is one of the few states that still offers both fault and no-fault divorce. It is essential to work with Melrose Park divorce attorneys who are familiar with both types of divorce agreements and can offer expert advice from the moment you file.
No-Fault Divorce Agreements
No-fault is the most common type of divorce and seeks to end the marriage due to irreconcilable differences rather than a problem created by one of the spouses. In a no-fault divorce, the couple has come to the conclusion that they can no longer live together and the dissolution of the union is in the best interests of the family. Two years of separation are required to obtain a no-fault divorce unless an affidavit is signed by both parties waiving this requirement. The time spent separation can include periods in which both inhabit the same residence but sleep in separate bedrooms. Melrose Park divorce attorneys can advise on complying with regulations governing no-fault divorce.
Fault Divorce Agreement
Prior to the 1970s, most couples had to prove that one or both spouses were at fault before they could dissolve the marriage. Although no-fault divorce has become the norm, there are still couples who opt for fault divorce. This may happen in a case in which one spouse has a drug or alcohol problem, has abused their partner, or has engaged in infidelity. Melrose Park divorce attorneys can help you make a case that your spouse has been the cause of the divorce.
Making the Right Decision
It is essential to work with Melrose Park divorce attorneys before filing to find the type of divorce that is right for you. There may be specific reasons why you may opt for fault or no-fault divorce and appropriate legal advice is required for every phase of the divorce process.
M. Scott Gordon & Associates has been a trusted name in family law including divorce, visitation agreements, and financial issues. M. Scott Gordon & Associates has offices located both in Chicago and in surrounding areas.
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