Getting married is rarely difficult. Getting a divorce, however, can be challenging. In Lombard, IL, divorce rates have increased over the past 10 years. Yet, until recently, the rules governing how you and your divorce lawyer filed a petition in court remained the same. With signing into law of Senate Bill 57 (SB 57), several aspects have changed the divorce landscape while others remain the same. Your attorney can explain the changes in detail, but we offer a few of the alterations to the state of Illinois’ “the petition for Dissolution of Marriage” orders.
Requirements of Residency and Filing
Requirements remain the same. They are unaffected by SB 57. Applicants for an order of dissolution must meet the residency requirements. The base amount of time required is 90 days prior to the filing of the action. This specific time applies to only one of the spouses. The same condition is applicable if either spouse is stationed in Illinois while serving in the military.
If the court does not believe residency is proven, it can deny the application. The same applies if you, or your divorce lawyer, file the papers in the wrong court. The proper judicial court is the one in the county in which either the plaintiff or defendant reside.
Grounds for Filing
Illinois remained one of the few states to offer both no-fault and fault divorce. Until July 21, 2015, The Petition for Dissolution of Marriage required the plaintiff to declare specific grounds for divorce. In a divorce where fault was selected as the basis, a plaintiff had to choose one of several offerings including
- Adultery or infidelity
- Bigamy
- Cruelty
- Desertion
- Drunkenness for a minimum of 2 years
- Felony conviction
- Impotency
This is no longer the case. You can ask your divorce lawyer to proceed on a singular ground for divorce. This is an “irretrievable breakdown” of the marriage. It replaces the similar but technically different concept of “irreconcilable differences.” A plaintiff now has to prove only this singular “fault.”
A knowledgeable divorce lawyer can provide proof of this situation with greater ease. It only requires the couple live separately and apart for at least 6 months before filing the divorce. The law then interprets this as evidence of the breakdown being beyond repair. The new changes simplify the entire process of proving “fault” in divorces across the state including Lombard, Lisle and Aurora. Moreover, those who choose to split immediately do not have to wait for 6 months to pass to pursue a divorce. They can do so immediately.
Contact a Divorce Lawyer
If you live in Lombard, IL, you are not immune to divorce. If you find yourself in need of preparing a Petition for Dissolution of Marriage, you will require expert advice. If you want to make certain your divorce proceeds ahead without running into any roadblocks, contact a qualified and experienced divorce attorney.
If you live in Lombard, a Divorce Lawyer may not be what you want but whom you need. The changing framework of family law necessitates you hire an expert in this field. Be sure you contact those with extensive litigation experience. At Fay, Farrow & Associates, P.C, we can make the difference. To learn more about our cost-effective and professional services, contact us online at Domain.
