Chicago Divorce Attorney
DISSOLUTION OF MARRIAGE (“DIVORCE”)
Dissolution of marriage is the legal term used in Illinois for divorce. Divorce and dissolution of marriage mean the same thing. Regardless of which term you use, when it comes to Chicago divorce you are in good hands with The Witt Law Firm, P.C. Representing men and women in Chicago family law matters is all we do. And we have decades of proven success.
TAILORED TO YOU
No two divorces are identical. Some clients own businesses and have significant assets. Other clients agree on child custody and want an amicable divorce. We tailor the divorce to each client’s circumstances.
Highly-Rated Chicago Divorce Lawyer
If you want the best Chicago divorce lawyer, look no further than The Witt Law Firm, P.C. We strive to provide the best legal services to our clients going through divorce. Our awards include:
- American Institute of Family Law Attorneys – 10 Best Award
- Attorney & Practice Magazine’s Top 10 – Top 10 Family Law Attorney
- American Assoc. of Attorney Advocates – Top 10 Family Law Attorney
- Avvvo – 10.0 out of 10.0 Top Attorney
- Google – 5-Star Rating
- Illinois Bar Association – Appointed to The Family Law Section Council
- Illinois Bar Association – Appointed to The ARDC Committee
HOW TO START THE CHICAGO
DIVORCE PROCESS
Call Us at (312) 500-5400
01
Residency for 90 days
For 90 days prior to filing for divorce, one of the spouses must reside in Illinois or be stationed in Illinois while a member of the armed forces. Illinois is a person’s residence if Illinois is the place that a person considers their permanent home.
02
No Fault
Illinois is now a no-fault divorce state. You do not have to give a specific reason for wanting a divorce. In 2016, Illinois removed the “fault-based” grounds, such as adultery, from the statute. Now, the only legal grounds for divorce in Illinois is “irreconcilable differences”. The term “irreconcilable differences” essentially means that the marriage is over and past the point of reconciliation. Only one spouse needs to believe the marriage is over to obtain the divorce.
If the parties have been living apart for 6 months or longer, the law presumes that there are irreconcilable differences, unless a party proves otherwise. Living apart can mean sleeping in different bedrooms and does not require two different homes.
03
File the Petition in Court
The first legal step in a divorce case is for one spouse to file a Petition for Dissolution of Marriage with the court. People frequently ask us whether they should be the one to file or if their spouse should file. In the big scheme of things, it does not matter which spouse files the Petition for Dissolution of Marriage. But one advantage of filing the Petition is that you get to control when the case starts. There may be some periods of time that are more convenient for starting a divorce than other times. Just do not delay a divorce for too long. We have written about the risks of delaying divorce is this article: Delaying Divorce can Be Risky – Understand the Risks
WHAT TO DO IF YOUR SPOUSE FILED
FOR DIVORCE
RESIDENCY FOR 90 DAYS
For 90 days prior to filing for divorce, one of the spouses must reside in Illinois or be stationed in Illinois while a member of the armed forces. Illinois is a person’s residence if Illinois is the place that a person considers their permanent home.
FINANCIAL AFFIDAVITS
In a Chicago divorce, the parties are required to exchange financial affidavits. The financial affidavits are disclosure statements in which each party lists their income, expenses, assets and debts.
YOUR CHILDREN
Usually, it is in the best interest of the children to continue their routine and maintain a close relationship with both parents. Parents should seek to provide stability for their children and shelter them from the legal and emotional process of divorce.
PROTECTING YOUR PARENTAL RIGHTS
If your spouse is not letting you see your children, you should immediately retain a family law attorney. Or, if you believe it is in the best interest of your children that they do not see the other parent, you should promptly consult with your family law attorney.
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To see how we can help you with your Chicago divorce or family law matter.