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Frequently Asked Questions About Illinois Divorces
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Can I get a divorce in Illinois if I don't know where my spouse is?
Yes. In Illinois, service of process may be made through a publication, usually the local newspaper - this is called 'constructive process.' Constructive process may be used only after the party has made a strong effort to locate the missing spouse and, if necessary, is willing to testify in court under oath that a good effort has been made.
How long does it take to get a divorce in Illinois?
This depends on the case. It could take a month or years depending if the case is uncontested, what issues are in dispute or how long it takes the parties can come to an agreement. In Illinois each party is allowed to present their case and if two spouses can not agree on a resolution the process can take some time. A good Illinois divorce lawyer should be able to make the divorce happen as quickly as possible.
Does the party who files for divorce have a benefit?
Generally speaking, in Illinois, it does not make a difference in regards to who will get more support or assets. The biggest benefit of filing first is that it will usually determine the venue of the divorce proceedings.
If my spouse has cheated on me will this be to my benefit when filing for divorce?
Contrary to popular belief, the legal system and Illinois law does not punish cheating spouses. In Illinois, adultery is one of the "grounds" for divorce; however, "grounds" have nothing to do with whether a divorce will be granted or how much one may recover monetarily. Adultery in Illinois is a factor that a judge can look at in determining child custody, but it will likely not be the deciding factor.
If both parties agree on everything do they need an Illinois attorney?
Even if the Illinois divorce is uncontested and you both agree on everything, it is still recommended that you hire an attorney to look over the paperwork and make sure it is done correctly. Once an Illinois divorce is finalized it is very difficult and costly to hire someone to correct any problems that you are not happy with.
If you have any additional questions about Illinois divorce and family law or would like a referral to an experienced Illinois divorce lawyer please do not hesitate to contact us. All inquiries are free and confidential.
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