Step by Step How to File for Divorce in Canton IL
It is easy to get overwhelmed with information when you are trying to figure out how to file for divorce in Canton IL. Certain requirements must get met to satisfy state laws concerning divorce. Plus, you can quickly get intimidated when trying to read, understand, or fill out legal documents when filing divorce papers or a divorce settlement. Matters only get more complicated when you and your spouse cannot agree on things like child custody, spousal support, child support, or property division. Those kinds of disagreements can lead to a contested divorce that may require litigation to resolve differences.
You are not required to hire an attorney to file for divorce. However, Brave Law divorce attorneys can guide you through the process, explain your rights, represent you in court, or negotiate a favorable settlement. Our firm specializes in family law and divorce cases. We can help you achieve the best possible outcome for you and your family. Contact us today to request help you need to file for a divorce from lawyers recommended by 5-star reviews.
Requirements on Filing for a Divorce
Understanding the requirements that you must meet under state laws is the first step in how to file for divorce in Canton IL. You can file for divorce if you and your spouse are both Illinois residents. Also, military personnel stationed in Illinois can file for divorce, too. You must live in Illinois for at least 90 days for a divorce to be granted. However, you can file divorce papers earlier than that 90-day period.
Do I Need Grounds for Divorce?
Illinois is considered a “no-fault” divorce state. What that means to you is that you do not need to prove certain grounds for divorce like in other states. Irreconcilable differences are the only grounds necessary to satisfy requirements under state law. Couples just need to attest that they tried to work things out but cannot do so. Furthermore, state laws consider a couple living apart for 6 months as “an irrebuttable presumption” that irreconcilable differences exist. However, you do not need to live apart for 6 months to file divorce paperwork. In fact, there is no waiting period.
Factors that Affect the Divorce Process
The circumstances surrounding your relationship can affect the divorce process and how to file for divorce in Canton IL. The process depends in part on the following factors:
- Whether you know where your spouse is living now.
- Couples with children undergo a slightly different process than couples without kids.
- Whether you and your spouse agree on issues like property division, child support, alimony, and child custody.
- The way you and your spouse want to resolve disagreements. Dispute settlement processes include the following methods.
- Contested Divorces – Couples cannot come to agreement and take their differences to court to receive a ruling from a judge. If your divorce heads to court, it is advisable to seek advice and representation from a divorce attorney.
- Marriage Dissolution – This is essentially a collaborative divorce where couples can come to a settlement that works for both parties. Divorce lawyers can draft and review divorce paperwork and proposed settlements to identify possible problems or exclusions of information.
- Divorce Mediation – An informal and private way to resolve differences outside of court using a mediator. Divorce attorneys can assist during mediation by explaining your rights, advising you on how to achieve a favorable settlement, and drafting or reviewing proposed settlement paperwork.
The Simplest Way How to File for Divorce in Canton IL
Here is a brief overview of the easiest way how to file for divorce in Canton IL.
- File divorce papers in Fulton County IL. An attorney can prepare and file the forms for you. You can find the necessary forms here.
- You need to serve your spouse with the divorce papers. The Fulton County Sheriff’s Office can advise you on where to find process servers.
- Your spouse then responds to the divorce case.
- If you have children, both parties must complete a parenting class.
- Negotiations begin to see if the couple can reach a divorce settlement.
- If an agreement is reached, the couple goes to a hearing called a “prove up” to present the divorce settlement to a judge.
- When no agreement is reached, the couple can choose either mediation or to go trial where a judge will make decisions for both parties.
Contact Our Local Divorce Lawyers
Brave Law divorce attorneys can provide you with many benefits if you need help with how to file for divorce in Canton IL. Request a free consultation today to talk about your goals and objectives for your impending divorce. Give our Fulton County office a call at 309-547-3516 to learn more about our firm or our practice areas.