Understanding the Process of Filing for Divorce in Illinois

by | Mar 13, 2018 | Law Services

The average person may know a few things about the process of divorce, but the legal process is complicated and not fully understood by many people outside of the realm of law. The problem is that not being knowledgeable can lead to bad results and this isn’t a situation where that is unimportant. That’s where having access to divorce lawyers in Hampshire can help the process along and ensure the best result possible.

Divorce Grounds

The court requires a couple who is filing for divorce to submit grounds for their divorce. There may be any number of reasons for the divorce, but in Illinois, they are all condensed into one: irreconcilable differences. Regardless of the underlying problems contributing to the desire for divorce, this is the only ground for filing.

Defining Irreconcilable Differences

Irreconcilable differences are defined as differences that have caused a complete breakdown of the marriage. The court can then choose to decide that reconciliation is not in the best interest of the family or that attempts to reconcile have failed. There are reconciliation processes available if that is something that should instead be attempted.

Waiting Period

There is a waiting period for getting a divorce in Illinois, but it may not be as strict as many imagine. If the couple has been living separately for at least six months before filing for a divorce, this shows that there are irreconcilable differences that allow for a divorce. The definition of living apart does not mean you must be living in separate homes or apartments. You can be living in the same home but as individuals who no longer share financial and marital responsibilities as a team and still be considered to meet the six-month waiting period.

Other Requirements

If both spouses agree to no-fault divorce and meet all conditions, the court will enter a judgment after all legal requirements have been met. This means things like spousal support, child support, disposition of property, and allocation of parental responsibilities.

Alternate Grounds for Divorce

While all couples can file for an irreconcilable divorce, the actual grounds for the divorce can vary to a large degree. Speaking to divorce lawyers in Hampshire is the best way to determine your options.

Family Law Firm

Casement Group, P.C. has extensive experience in family law, including divorce, custody, child support, and paternity cases. We can help you get things in order as you move on to your next journey in life. For a free consultation, you can reach us at

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