Barrington, Illinois, Divorce Lawyers Working for You
At the initial stage of a divorce proceeding, it is important that you know how your case will be handled by your attorney.
I am attorney Joseph M. Lucas, and I will provide you with an overview of how a lawyer at Joseph M. Lucas and Associates approaches divorce proceedings, and some insight as to the laws that apply to them.
It might be well, initially, to explain the difference between "contested" and "uncontested" divorce proceedings. In a contested divorce, the husband and wife cannot agree on the terms of settlement. The case must therefore go to trial, and the court determines, on the basis of evidence and the law, the rights and obligations of the parties. Because of the preparation and trial time, contested divorces are more costly than uncontested divorces.
In an uncontested divorce, the rights and duties of the parties are negotiated through their lawyers, or directly by the parties, and the case is settled "out of court". The court is then asked to approve the negotiated settlement. I make settlement suggestions to our clients in hope that you and your spouse can come to an agreement and settle out of court.
So that you may understand the suggestions we typically make, the following is a summary of the major issues that should be resolved in divorce proceedings:
What Is Dissolution Of Marriage?
A dissolution of marriage is a court proceeding that terminates a marriage, divides marital property between the husband and wife and provides for maintenance, child custody and child support. "Dissolution of Marriage" is the legal term for a divorce.
How Do I Obtain A Divorce In Illinois?
Either the husband or wife must reside in the State of Illinois when suit is filed and for 90 days prior to the date the court enters a judgment of dissolution of marriage or legal separation.
What Are Grounds For Dissolution Of Marriage?
Grounds for Dissolution of Marriage are elements that the court must find to grant a divorce by finding fault on the part of one of the parties. The grounds for dissolution of marriage in Illinois are any one of the following:
- Extreme physical (two acts) or mental cruelty
- Desertion (one year or more)
- Adultery
- Impotence at time of marriage
- Prior existing marriage
- Habitual drunkenness or drug use (two years or more)
- Attempt to take spouse's life
- Conviction of a felony
- Infection of spouse with venereal disease
An additional basis for obtaining a dissolution of marriage has been in place in Illinois since 1984 and is the so-called "no-fault" separation. The parties must have lived separate and apart continuously for a period in excess of two years and irreconcilable differences must have caused an irretrievable breakdown of the marriage so that future attempts at reconciliation are not practicable and not in the best interest of the family. The court can grant a no-fault dissolution after a six-month separation of the parties if it is agreed to in a signed written document that is presented to the court.
What Happens In A Proceeding For Dissolution Of Marriage?
An action for dissolution is similar to other lawsuits. A document called a petition is filed with the court clerk in the appropriate county. The petition states the reasons (grounds) for the dissolution. The spouse who files the petition is called the petitioner. The petition may be served by the county sheriff on the other spouse. The spouse being served is called the respondent. In that case, the respondent must file an answer to the petitioner with the clerk of the court within 30 days after he or she is served with the petition. If the respondent cannot be found, notice of the suit can be published in the local newspaper. If the respondent fails to answer within 30 days, the dissolution may proceed by default without the respondent having an opportunity to protect his or her rights. In certain cases, a petitioner will answer the petition without being formally served by the county sheriff.
If the respondent is in default, or if the parties have agreed to the terms of support, custody, and property division, a brief court hearing called a "prove-up" is held in which the petitioner testifies. If the dissolution is contested, the question of grounds is tried first and the respondent can offer proof in opposition to the dissolution.
If the court finds that the petitioner has grounds for dissolution, a separate trial is held to determine any unresolved questions of support, custody, maintenance, property division, and any other relevant matters. If the parties reach an agreement on these issues, the second trial is not required. The agreement is submitted to the court for approval and then becomes part of the final judgment.
Learn more now
Please visit Joseph M. Lucas and Associates' primary web site for more information about divorce and family law matters such as child support and child custody, maintenance and alimony, attorney's fees, procedures and time frame, and settlement of a case.
We're here to help
The legal issues in a divorce are complex. Please contact the law firm of Joseph M. Lucas and Associates for an initial consultation. One of our experienced, accomplished attorneys will be happy to answer your questions.
Joseph M. Lucas & Associates, L.L.C.
224 West Main Street
Barrington, IL 60010
Phone: 847-381-8700
Fax: 847-381-4329
For more extensive information about Joseph M. Lucas and Associates, our history and the complete description of the legal services we provide, please visit the firm's primary website. There you can find information on a wide variety of legal issues and browse our extensive library of quarterly newsletters that we have published since 1997 on various legal subjects.
Since 1984, Joseph M. Lucas and Associates, L.L.C., has been providing high-quality legal services in the areas of real estate, estate planning and probate, wills and living trusts, business law, personal injury and accidents, divorce and family law to clients in Barrington, Addison, Algonquin, Arlington Heights, Bartlett, Bloomingdale, Barrington Hills, Carpentersville, Deer Park, Hawthorn Woods, Hoffman Estates, Inverness, Kildeer, Lake Barrington, North Barrington, Palatine, South Barrington, Tower Lakes, Lake County, Cook County, McHenry County, DuPage County, and Kane County, Illinois.