Addison Divorce Lawyers

The choice to end a marriage and get a divorce may not be easy. It can occur after a couple's relationship has reached a breaking point, and they may decide that going their separate ways would be best for themselves and their children. Regardless of whether spouses agree on the need for a divorce, encounter disputes over issues related to their marriage, or are able to work together to reach agreements on how divorce-related issues will be handled, they will need to address a variety of legal concerns. Representation from an experienced attorney can be crucial to help ensure that a person will be able to complete the divorce process successfully.

At Goostree Law Group, our lawyers work with clients in Addison who are taking steps to legally dissolve their marriages. With our years of hands-on experience helping people in DuPage County work through these issues, we can provide the guidance needed throughout the process while helping our clients protect their interests. We will take time to explain each step of the process so clients will never be left guessing about what comes next. Whether a case is straightforward or involves disputed issues or complex assets, we can provide the representation needed to help our clients achieve positive results.

No-Fault Divorce and Irreconcilable Differences

Illinois is a no-fault divorce state. This means that a spouse who files a petition for divorce does not need to provide reasons for why they wish to end their marriage, such as adultery or abandonment. Instead, the only grounds for divorce allowed is irreconcilable differences. In their divorce petition, a person will state that these types of differences have led to the breakdown of their marriage, and that attempts to repair the relationship have failed or would not be in the best interests of the family.

In practical terms, this means couples do not need to air private disputes in court when filing for divorce. A divorce can proceed if both spouses agree that their marriage cannot be saved. Even if one spouse does not agree to the divorce, irreconcilable differences will be presumed after a couple has lived separately for at least six months, and the case can move forward.

Uncontested Divorce in Addison

In an uncontested divorce, a couple will agree on all major issues that need to be addressed before their marriage can be resolved. When a couple has agreed on a divorce settlement, a judge will typically approve it, allowing a case to be resolved more quickly than a contested case.

The steps in an uncontested divorce will generally include:

• Filing a Divorce Petition: One spouse files a petition for dissolution of marriage with the DuPage County Circuit Court. The other spouse will file a response or court appearance.
• Reaching a Settlement Agreement: The spouses will work together to draft a marital settlement agreement. They may do so by negotiating directly with each other, communicating through their attorneys, or using mediation.
• Creating a Parenting Plan: If a couple has children together, they will need to make decisions about how child-related issues will be handled going forward. Their parenting plan will detail how they will share custody while also including rules and information about how they will work together as co-parents.
• Court Review: After a couple files their settlement in court, a judge will review the agreement to confirm that it is fair and complies with Illinois law. In cases involving children, the judge will review the parenting plan to ensure that it provides for children's best interests. After approving the settlement, the judge will issue a divorce decree, legally ending the marriage.