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Will County Divorce Attorney

Will County Divorce Attorney

The divorce process is notorious for being emotionally grueling, expensive, and time-consuming. Fortunately, it doesn’t always have to be this way, as being represented by an experienced attorney can save you both time and money in the long run. If you are considering divorce and have questions or concerns, feel free to call one of our Will County divorce attorneys for an initial consultation.

Filing a Petition

There are certain requirements that couples must fulfill before they can file for divorce. For instance, either the petitioner or the other spouse must have lived in the state for at least three months. Furthermore, no other divorce proceedings can be pending or filed in any other county or state. If these requirements are satisfied, the petitioner can begin the process of filing for divorce by submitting a petition to the court that includes the contact information of both parties, the names, ages, and addresses of the couple’s children, details about any custody arrangements that have been made, and a confirmation that the divorce is being sought due to irreconcilable differences.

Establishing Irreconcilable Differences

Once a petition has been served on the other spouse, both parties will be required to attend a court hearing where they must establish that:

  • Irreconcilable differences have caused the irretrievable breakdown of the marriage; and
  • The parties have made failed efforts at reconciliation and future attempts would not be in the family’s best interests.

In most cases, courts presume that the irreconcilable differences requirement is met if the parties have lived separately for six months or more prior to the proceedings. This can even apply when both spouses live in the same house, as long as they no longer live together as a married couple. In the event that the parties have children together, a dissolution will only be finalized after the family court has approved or allocated parental responsibilities and child support. Although Illinois family courts are generally in favor of awarding joint custody and an equal division of parenting responsibilities, the ultimate decision will depend on what would be in the child’s best interests.

Necessary Disclosures

Courts will not finalize a divorce or decide how property should be divided until both parties have submitted financial affidavits, listing each spouse’s income, debts, assets, and expenses.

Income from a variety of sources must be listed, including salaries and wages, but also tips, bonuses, commissions, rental income, inheritances, and benefits. Both parties must also list expenses, including rent, utilities, groceries, childcare-related costs, medical insurance, car payments, and gas. After disclosing all debts, including the specific amounts owed and any payments being made, the parties must list all of their assets, which includes the content of bank accounts and cash, but also tax refunds, investments, vehicles, real estate, and valuable collectibles, such as antiques. Supporting documentation must also be submitted, including pay stubs, bank statements, income tax returns, and invoices. When a court has determined that both parties’ affidavits are accurate and complete, it will divide the couple’s property equitably.

Call a Will County Divorce Attorney Today

If you and your spouse are thinking about filing for divorce, please contact Sabuco, Beck, Hansen & Massino, P.C. at (815) 730-8860 to speak with an experienced Will County divorce attorney who is well-versed in state law and can explain your next steps.

We Are Open For Business

We are closely observing the situation regarding COVID-19 and taking all necessary steps to protect the health and safety of our clients and employees. All staff are following strict hygiene and cleaning procedures and following recommendations to limit the risk of exposure.

Because our services require close contact and interaction with our clients, we are acting with extreme caution to prevent further spread of the disease. If you are having symptoms of illness or may have been exposed to the virus, please contact us to reschedule your services. Our staff will be happy to assist you.

We are deemed an "essential business" under the Governor's Shelter-in-Place Order, and thus we will continue to remain open and provide services to our existing and new clients during this shutdown. In an effort to remain compliant with the social distancing directives of the CDC, and the Governor's Order, we are closing the lobby of our offices to outside visitors.

Our Joliet and Morris offices will remain open and staffed with attorneys and paralegals, and we will remain available to our clients by telephone, email, or video conferencing at the hours listed below:

Joliet: Monday-Thursday 9:00 a.m.-5:00 p.m. Friday 9:00 a.m.-4:00 p.m.

Morris: Monday-Friday 9:00 a.m.-12:00 p.m. 1:00 p.m.-3:00 p.m.

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