Kendall County Divorce Attorney

Understanding Divorce

Deciding to get a divorce is a serious and emotional decision. During this crucial time, it is imperative to secure representation from an experienced divorce attorney. Whether you are considering divorce, have already separated from your spouse, or need to respond to a divorce petition that has already been filed, a lawyer can provide advice on how to proceed with your case. Your attorney can help you determine the best approach to take as you work to resolve divorce-related issues and complete the process of dissolving your marriage. They can ensure the divorce process can be completed correctly while making sure your rights are protected throughout the proceedings.

At Fawell & Fawell, we understand how monumental of a decision it is to decide to get divorced. Not only do we have a plethora of experience representing people during the divorce process, but we can also help you plan for divorce and take steps to protect your rights as you prepare to separate from your spouse. There is no question that divorce is one of the most challenging things anyone will ever have to do. We are here to provide you with legal counsel from the beginning to the end of your case, and we are committed to protecting your interests at all times.

Unpacking the Grounds for Divorce in Illinois

Illinois is one of the many states in the United States that follows a no-fault divorce policy. This means that a person will not need to prove that their spouse was at fault in order to begin the divorce process. Instead, the only grounds for divorce in Illinois are irreconcilable differences, meaning that the marriage has broken down beyond repair.

This no-fault policy was implemented in 2016, replacing the previous approach, which allowed spouses to state that they wanted a divorce due to grounds such as adultery, abandonment, or mental cruelty. This change to the law was implemented in order to streamline the divorce process and help spouses minimize conflict and focus on resolving the legal issues involved in the dissolution of their marriages. Under this new policy, individuals who file a petition for divorce in Illinois must state that irreconcilable differences have caused the breakdown of the marriage and that there is no chance of reconciliation.

While a spouse who does not agree that there are irreconcilable differences may contest a divorce petition, the law states that if the spouses have lived separately from each other for six months or more, this creates a presumption of irreconcilable differences. This can ensure that a spouse who wants a divorce will be able to move forward with the process without being required to prove that there are reasons why their marriage has broken down. It also allows spouses to avoid blaming each other for the divorce so that they can work to negotiate a settlement or proceed with divorce litigation.

Does a No-Fault Divorce Mean You Do Not Need a Lawyer?

It is important to note that no-fault divorce does not eliminate the need for legal representation in divorce cases. Individuals seeking a divorce in Illinois should still consult with an attorney to ensure their rights are protected and determine how they can achieve their goals during the divorce process. Divorcing couples will need to address issues such as property division, child custody and child support if the couple has children, spousal support, and any other concerns related to the end of their marriage and the separation of their lives from each other. An attorney will be an invaluable advocate who can help ensure that these issues will be handled in a forthright, legally binding manner.

Contact a Kendall County Divorce Lawyer

The decision to pursue a divorce can have significant consequences that will affect nearly every area of your life. By approaching your divorce strategically, you can determine the best steps to take as you pursue your legal goals, and you can make sure your rights and interests will be protected. At Fawell & Fawell, our Kendall County divorce attorney understands how these issues can affect you during the divorce process. With our aggressive approach to representing our clients, you can feel confident that we will be there to meet your needs and advocate for your interests throughout the legal process. For a free consultation, call 630-871-2400 or contact us online.