Divorce or Dissolution of Marriage: Illinois Linguistics of Filing for Divorce

 Posted on September 25, 2014 in Divorce

Planning on petitioning for a divorce or dissolution of marriage depends on which state you call home. If you are an Illinois resident consulting with a qualified divorce attorney under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) the proper terminology is the dissolution of marriage.

For Illinois and fellow dissolution states, the view on marriage is a legal contract between two people, and filing for divorce is the act of legally requesting the dissolution of a contractual agreement.

Since divorce procedural law is not governed at the federal level, individual state law requirements are enacted and expected to be strictly followed. After consulting with your Illinois divorce attorney, you will become well-versed in Illinois dissolution law as it pertains to your personal situation. Discussions involving the discovery and division of marital assets, continual maintenance (alimony), child support and visitation will be addressed as you move through the dissolution process.

• Establish residency requirements;

• Select specific grounds for divorce, if applicable;

• Complete a dissolution of marriage petition;

• File dissolution of marriage petition with appropriate circuit court;

• Serve or notify your spouse of your intent via print announcement;

• Satisfy the required 30 day wait period allotted for spousal response;

• Request a circuit court hearing if your spouse misses the 30 day requirement;

• Obtain a final divorce or judicial decree.