Divorce Representation in Macon County & Surrounding Areas
Divorce is stressful and complicated, bringing with it many deeply personal matters related to children, property, finances, and even what happens to the family pet(s). The decisions and arrangements you will have to make can be overwhelming. In tandem with this, you will likely be undergoing an array of emotions connected with the breakdown of the most intimate relationship in your life, from resentment and anger to loss, fear, and depression. Add to this your unfamiliarity with divorce laws and their impact on how courts rule and divorce becomes a complex matter legally, mentally, and emotionally.
At such a time, turning to a legal professional whom you can trust to give you the guidance and advocacy you need can make all the difference in your transition from married to single. At Hawkins, Amero & Root P.C., we understand the difficulties and challenges associated with the divorce process; we have been helping clients navigate divorce and its issues for years. We are here to remove the stress as much as possible. This we do by giving you knowledgeable advice and counsel every step of the way, protecting your legal and parental rights, and strategizing your case to serve your best interests. At the end of the day, we want you to be in the strongest position possible to move on from divorce towards a better future.
Every state has established its own rules and procedures for obtaining a divorce. These rules range from residency requirements to grounds for divorce, filing procedures, and more. In Illinois, divorce is covered under the Illinois Marriage and Dissolution of Marriage Act. This Act outlines how divorce is accomplished and includes relevant issues, such as those involving property, support, and attorneys fees as well as the allocation of parental responsibilities (formerly known as child custody and visitation.)
Divorce starts with a petition filed in the courts. However, residency requirements must be met to do so. In Illinois, either you or your spouse must have resided in the state for at least 90 days before filing. You then file your petition in the circuit court in the area where you live.
Grounds for divorce in the state include the following:
- You and your spouse have irreconcilable differences that cannot be overcome or
- You and your spouse have continuously lived separately and apart for six months or more.
These are “no-fault” grounds for divorce; they do not require that you prove any kind of marital misconduct in court to obtain a divorce. This means that your divorce can be accomplished much faster, especially if you and your spouse have agreed upon all relevant issues, such as child custody, child support, alimony, and the division of marital property and debt in a marital settlement agreement.
Where you have not agreed on all of these issues, the divorce is considered “contested” and must be resolved through additional steps, such as negotiation, mediation, or a trial in court. These steps will lengthen the time it takes to finalize your divorce.
Paperwork for filing an uncontested divorce, either with or without children, can include petitions for dissolution, parenting plans, and more as well as an option for a joint simplified dissolution that is an expedited form of divorce based on certain eligibility requirements.
In contested divorces, you and your spouse will attend court hearings where the judge will listen to both sides and make a decision on the issues in dispute. Contested divorces can take much longer than uncontested, ranging from six months up to two years, depending on the circumstances.
Connect with Hawkins, Amero & Root P.C. through our online contact form or at (217) 599-6110 to discuss your case with a Decatur divorce attorney in a free initial consultation.
At Hawkins, Amero & Root P.C., we are deeply aware that no two divorces are ever alike. Each one brings its own individualized circumstances involving the unique needs and goals of those involved. We also know that you may be experiencing serious emotional turmoil and may need the support of both a human nature as well as a legal character as you progress through this transition. Our team is here to provide stress relief, assistance, counsel, and empowerment throughout all phases of the divorce process.
- Decades of Experience
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