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How to file for divorce in DuPage County, Illinois

On Behalf of | Oct 14, 2024 | Divorce |

If you’re thinking about getting a divorce in DuPage County, it is important to know the steps to take so you can manage the process smoothly and effectively. What key steps should you take when approaching the divorce process?

Step 1: Determine what county to file in.

Before initiating the divorce process, make sure you qualify to file for divorce in DuPage County. You or your spouse must have lived in Illinois for at least 90 days before filing. You usually need to file in the county where you or your spouse live.

Step 2: Prepare your financial documentation.

Divorce can bring significant changes to your finances. Collect documents about your income, assets, debts, and other financial information. This will help you get ready for the divorce and your life afterward.

Step 3: Prepare your petition.

The first thing you need to do to start the divorce is to prepare the legal paperwork. In DuPage County, you need to fill out the Petition for Dissolution of Marriage. This form gives basic details about your marriage and why you want a divorce.

Step 4: File your petition with the DuPage County Clerk.

Once you have your documents ready, file them at the Circuit Court Clerk’s office in DuPage County. You will have to pay a filing fee. After you file, you will get a case number that helps you track your case in the court system.

Step 5: Serve your spouse.

Illinois law says you have to officially tell your spouse about the divorce. You can have a sheriff or a professional process server in DuPage County do this. Your spouse then has 30 days to respond. If they don’t, you might be able to get a default judgment from the court.

Step 6: Negotiate or prepare for trial.

If your spouse answers the divorce petition, you will try to negotiate settlements on things like dividing property, child custody and support. If you both agree, you can send your agreement to the court for approval.

If you cannot agree, your case will go to trial, where a judge will decide based on the evidence. It is a good idea to go to court prepared, and the guidance of an experienced divorce attorney can help you approach your hearing with confidence.

Step 7: Obtain the final divorce decree.

After you settle your disagreements, either through negotiation or a trial, the last step is to obtain the divorce decree. This legal document officially ends your marriage and spells out the terms of the divorce, including any arrangements for asset division, alimony, child support, and custody.

Filing for divorce in DuPage County, Illinois involves several detailed steps, from meeting residency requirements to obtaining the final decree. By understanding and following these steps, you can help make the process more straightforward and reduce the stress typically associated with navigating the legal system.

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