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Will County Lawyer Explains Divorce Options

Types of divorce in Illinois

Attorneys for Uncontested and Contested Divorce in Naperville and Plainfield

If your marriage has broken down beyond repair, you may be ready to end the relationship and move on to a more positive situation for you and your family. However, legally ending your marriage can be a complicated matter, and as you proceed with the divorce process, you will want to understand the steps you should follow, the requirements you will need to meet, and the best methods of resolving disputes. By working with an experienced lawyer from the beginning to the end of the divorce process, you can ensure that your rights will be protected, and you can prepare for success in your post-divorce life.

At the Law Office of Ronald L. Hendrix, P.C., we can help you determine what type of divorce is best in your situation, and we can provide legal representation during your case. Our attorneys have over 35 years of combined legal experience, and we can help you understand how to achieve your goals and complete your divorce successfully.

Types of Divorce in Illinois

Divorce can come in many forms, and the processes followed will often depend on the complexity of the issues involved and whether spouses are willing to communicate with each other and work together. Divorces will typically fall into one of the following categories:

  • Uncontested divorce - In these cases, spouses will work together to reach a divorce settlement and resolve outstanding issues outside of court. They may do so by negotiating with each other, or they may use alternative dispute resolution methods such as collaborative law or mediation. After a mutually agreeable settlement has been created, the spouses will have one party hire an attorney, who will make sure the settlement meets statutory obligations and requirements, and who will prepare the final agreements and paperwork and file the case with the court. The attorney will assist with attending a final court hearing where their marriage will be dissolved.
  • Contested divorce - If spouses are unable to resolve some or all of their disputes, they may need to go to court and address the outstanding issues through traditionsl divorce litigation. This process can be time consuming, but the goal is for the parties to reach a settlement, while relying on the court system to step in for areas where the parties cannot agree. This process involves formal discovery, motions, and pleadings for immediate issues and Pre-Trials for recommendations from the judge, and it can culminate in a trial. Often, parties are able to reach agreements based upon Pre-Trial conferences. Pre-Trial conferences are informal proceedings where both parties' attorneys meet with the judge in chambers and present their case, then the judge indicates how they would rule at trial. If a divorce reaches trial, both sides will present evidence, call witnesses, and make arguments, and the judge will make a final decision on how all matters will be resolved. The marriage will be dissolved at the end of the trial when a divorce judgment is issued.
  • Default divorce - If one spouse does not respond to a divorce petition, the other party may pursue a default judgment. This may occur if one spouse cannot be located, and in these cases, notification of the divorce petition will typically need to be published in a local newspaper. If a default judgment is entered, the judge may grant the petitioner's requests regarding issues such as child custody and property division. In some cases, a judgment may require a spouse to pay child support or spousal maintenance, but collecting these payments may be difficult if a person cannot be located.

As an alternative to divorce or a temporary solution while deciding whether to dissolve their marriage, couples may also consider legal separation.

Contact a DuPage County Divorce Lawyer

If you are considering divorce, the attorneys at the Law Office of Ronald L. Hendrix, P.C. can help you understand your options and determine the best approach to take. We will answer your questions, address your concerns, and work with you to pursue the type of divorce that will allow you to achieve your goals. Contact us at 630-355-7776 or 815-722-7050 to arrange your free consultation today. We provide legal help to divorcing spouses in Bolingbrook, Plainfield, and Naperville and throughout DuPage, Kendall, Kane, and Will Counties. 

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