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Posted on in Divorce

Kane County divorce attorneysThere are many reasons for a divorce. In some cases, it is because a couple grows apart and comes to the mutual decision to part ways. An amicable divorce typically means both partners agree on all or most of the marital issues. This makes the divorce process simple, fast, and less expensive than a contested divorce. An uncontested divorce is not always possible, especially if one spouse does not want the divorce in the first place. If a divorce is contested, it could also mean that the spouses do not agree on issues such as child support, spousal support, and the division of property. This animosity can carry over into the divorce proceedings, so if you are contesting any issues in your divorce, it is imperative to have legal counsel to protect your rights. 

Illinois Divorce Laws

In the state of Illinois, the only legal grounds for divorce is irreconcilable differences, which, defined by the law, “have caused the irretrievable breakdown of the marriage.” Also, it must be determined by the court that attempts to reconcile failed or that future attempts at reconciliation would not in the best interests of the family. Any divorce, whether contested or uncontested, begins with one spouse filing a Petition for Dissolution of Marriage and “serving” the other spouse with the papers. 

Reasons for Contesting the Divorce

The spouse who did not file can still try to contest the divorce by stating that there are no irreconcilable differences. However, under Illinois law, if the parties have lived apart in separate residences for at least six months right before one spouse files the petition, there is an “irrebuttable presumption” of irreconcilable differences between the pair. 

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