divorWhat Are The Requirements Before Filing For Divorce?

Most people are somewhat familiar about how to get married in the State of Illinois. The couple must fill out a marriage application and they both must sign the application. The couple must appear in-person in front of the county clerk with their application and must pay the required marriage license fee. The county clerk then issues the marriage license and a marriage certificate form. Then the couple can get married. The marriage must be solemnized. This is usually done by a judge, an ordained minister, or at a church. The marriage certificate form is then sent to the county clerk and the county clerk registers the marriage. What about how to the requirements before filing for divorce in Illinois?

The Basic Requirements Before Filing for Divorce

1. One of the parties is a resident of or is stationed in (if a member of the armed services), Illinois for at least ninety (90) days prior to filing the petition for dissolution of marriage.

2. There has been an irretrievable breakdown of the marriage. This means that the parties are divorcing due to “irreconcilable differences.” There are no other grounds for divorce in Illinois.

3. The court must determine that the couple’s efforts at reconciliation have failed and that future attempts at reconciliation would be unproductive and not in the best interests of the family. It’s important to note that there is an irrebuttable presumption that the requirement of irreconcilable differences has been met if the parties have lived separate and apart for a continuous period of at least six months immediately preceding the entry of the judgment dissolving the parties’ marriage. Also, note that parties do not have to be physically living separate and apart for the court to determine that the requirement of irreconcilable differences has been met.

What is Required in Your Petition for Dissolution?

After Filing your Petition for Dissolution of Marriage

Keep in mind that if you and your spouse have any minor children from your marriage, the Judge will likely order you both to complete a parenting class before the entry of a Judgment for Dissolution of Marriage. This is likely regardless of whether the divorce is contested or not. Some counties in Illinois give the option for the parties to take an online parenting class to satisfy this requirement but others only allow the parties to take the parenting class in-person. Note that it does not matter if your child is seven months old or seventeen years old. The Judge can order a parenting class if there are minor children. There is usually a fee associated with the parenting class, whether in person or online.

When it comes time to proceed with divorce is important, it’s helpful to have an experienced attorney by your side to guide you through the process. At Anderson & Boback, all we do is family and divorce law. Feel free to contact one of our experienced divorce attorneys about any questions you may have including what you need to know before filing for divorce.

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/requirements-before-filing-for-divorce/

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