If you have been served with a divorce petition filed by your spouse, you may be wondering if you can contest the divorce. The answer is yes, it is technically possible to contest your spouse's divorce petition. However, doing so may not be in your best interests. Regardless of how you choose to approach the divorce process, it is important to make sure you have legal representation from a qualified and experienced attorney.
The Process of Filing and Responding to a Divorce Petition in Illinois
In Illinois, either spouse may file a petition for dissolution of marriage. Once the petition is filed, it must be served to the other spouse. The spouse who was served with the petition then has 30 days to respond. This response may include objections to the divorce petition, although most of the time, a spouse will accept the petition, answer any claims made by their spouse, and allow the divorce process to proceed.
Illinois is a no-fault divorce state, and there are only a few requirements that need to be met when filing a petition for divorce. At least one spouse must have resided in the state for 90 days prior to filing the petition. When providing a reason, or "grounds," for the divorce, a divorce petition will simply state that the petitioner wishes to end their marriage due to "irreconcilable differences." Illinois law defines irreconcilable differences as an irretrievable breakdown of a couple's relationship to the point that attempts to reconcile would not be practical and would not be in the best interests of the couple or other family members.
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