Decision to Divorce: What Comes Next?

 Posted on January 19, 2017 in Illinois Family Law

In Illinois divorce cases, it is very important that you work with a dedicated Oakbrook Terrace family law attorney from the start of your case to ensure that all divorce matters are handled smoothly. It is a good idea to have a better understanding about how the divorce process will work. At Farooqi & Husain Law Office, we are committed to providing family law services to members of the Muslim community, and we can answer your questions about divorce today.

If you want to divorce your spouse, there are some key features of Illinois divorce that you should learn more about.

Have You Met the Requirements to File for Divorce?

Illinois family law underwent some major changes recently, and those revisions are reflected in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). There are no longer substantial requirements in order to file for divorce in Illinois, but there are some requirements that are important to meet. First, a person who files for divorce no longer needs to prove that there are “grounds for divorce.” Grounds for divorce have been eliminated from Illinois law, meaning that a person simply can file for divorce under a “no-fault theory” of irreconcilable differences.

However, the IMDMA does state that, in most cases, the spouses will need to live “separate and apart” for six months prior to filing for divorce. This does not necessarily mean that you need to live in separate residences, but you will need to be able to prove that, over the last six months (or longer), you no longer live as a married couple. Your divorce lawyer can discuss options with you for proving that you have lived separate and apart from your spouse. There are some exceptions, however, and you may be able to file for divorce sooner. You should discuss the specific facts of your case with your attorney.

In addition to living separate and apart, either you or your spouse must meet a residency requirement. Illinois law only requires that you or your spouse has lived in Illinois for at least 90 days before a divorce can be granted. While it might seem like a minimal requirement, it is nonetheless an important one to keep in mind.

Uncontested Versus Contested Divorces

Does your spouse also want a divorce? And if so, do both of you generally agree about how your marital property will be divided, whether there will be spousal maintenance payments, and how questions about parental responsibilities will be decided? You should know that Illinois courts no longer discuss “child custody,” but rather the “allocation of parental responsibilities” under the IMDMA. In some cases, Muslim couples agree generally about the issues we mentioned above. In such a case, you may be able to have an “uncontested” divorce, which will move along much more quickly than a “contested” divorce. If, however, you and your spouse disagree fundamentally about any of the matters mentioned above, then you will likely have a contested divorce, which is likely to take more time.

Regardless of whether you are anticipating an uncontested or a contested divorce, it is important to have an experienced divorce lawyer on your side to advocate for your rights and interests.

Contact an Oakbrook Terrace Islamic Divorce Lawyer

At our firm, we regularly assist Muslim clients throughout DuPage County who want to begin the process of filing for divorce and petitioning for child custody. One of our experienced Oakbrook Terrace Islamic divorce lawyers can speak with you about your case today. Contact Farooqi & Husain Law Office to learn more about how we can help with your divorce.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59