The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

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Yorkville spousal maintenance attorney

For many couples who are contemplating a split, the divorce process may seem overwhelming and rather complicated. While it is true that the divorce process can be a difficult one, it is not impossible. Getting help from a knowledgeable Illinois divorce lawyer is the easiest way to ensure you receive a fair settlement in your divorce. There are various stages of an Illinois divorce, many of which are multi-faceted and can become lengthy in certain situations. Even though the divorce process can seem daunting at first, a positive outcome is achievable, and divorce can ultimately benefit everyone in your family in the long run.

Filing a Petition for Divorce

The first step in getting a divorce is to file a petition for divorce at the courthouse in the county in which you reside. Filing a petition is simply a way of saying you are asking the court to allow you to dissolve your marriage. To file this type of legal document, you must have lived in Illinois for at least 90 days, and you must pay a filing fee. The state of Illinois only recognizes one “grounds” for divorce now -- irreconcilable differences. This means your marriage has broken down to the point of no return, and attempting to reconcile would not be in the best interests of the family. You can prove this by living apart from your spouse for at least six months prior to filing the petition for divorce.

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filing first, DuPage County divorce attorneyMarriages end for all sorts of reasons, some financial, others behavior-based, and still others because of incompatible personalities. While divorce can provide a doorway to happier life, it is understandable that you may not want to put yourself at a disadvantage during the process itself. Whether the problem is genuine or just perceived does not really matter; if you feel a certain way, the impact on you is real enough. Many who are considering divorce often wonder if filing first makes any difference in the proceedings compared to waiting for their spouse to file. The answer to that question is fairly complex and depends on your specific circumstances.

No Legal Advantages

When you consider other areas of the law, such as criminal defense or personal injury, it is usually up to the filing party—the prosecutor or injured person—to prove his or her allegations. Of course, the burden of proof differs by the area of law, and may be shifted to the other party as the case proceeds, but, in general, the party who files has more responsibility and control over the suit. Divorce is unique in that there are no presumed roles or advantages for either party regardless of who files the petition for dissolution. You will each have the opportunity to make requests, file motions, prove your claims, dispute those of the other party, and otherwise be heard as equals throughout the proceedings.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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