Mokena Divorce Lawyer

Despite the recent efforts of lawmakers to make the Illinois divorce process simpler and less acrimonious, dissolving a marriage remains a difficult endeavor. To ensure that your own divorce goes as smoothly and as quickly as possible, please contact one of our dedicated Mokena divorce lawyers today.

No-Fault Divorce

Illinois is a pure no-fault divorce state, which means that divorcing parties do not even have the option of attempting to prove that the other spouse was at fault for the end of the marriage. Instead, couples need only demonstrate that irreconcilable differences have led to the irretrievable breakdown of the marriage. In Illinois, living separate and apart for at least six months creates an irrebuttable presumption that this requirement has been satisfied.

However, it is important to note that living separate and apart does not necessarily mean that the parties must live at different addresses. Instead, divorcing couples can meet this burden by providing evidence that, although they may still live together, they no longer live as a married couple. This could take the form of using separate bedrooms, ceasing marital relations, and handling their finances separately, although courts are often willing to take other types of evidence into account.

Filing for Divorce

Once a couple has decided to dissolve their marriage, one of the parties will need to file a Petition for Dissolution of Marriage with the court. Once this document has been filed and the other spouse has been served the petition, the actual divorce case can begin. While it is often necessary to litigate certain divorce-related issues, such as property division and alimony payments, couples who are able to come up with their own settlement agreement may be able to avoid the contention and cost that often accompanies litigation. Regardless, couples are only eligible to file for divorce in Illinois if at least one of the parties has lived in the state for the preceding 90 days.

Filing for a Joint Simplified Dissolution of Marriage

Although most couples in Illinois who decide to dissolve their marriages file for formal dissolution, some couples are eligible for a simplified dissolution, which can save the parties both time and money. However, in order to qualify for the less formal simplified dissolution of marriage, a couple must satisfy the following requirements:

• The parties can not have been married for more than eight years;
• The parties can not have any children together;
• The woman cannot be pregnant by her spouse;
• Neither party can own real estate;
• Neither party can own joint retirement benefits;
• The combined value of benefits held individually must total less than $10,000;
• The couple’s total marital property must be less than $50,000;
• Neither party can make more than $30,000 per year before taxes;
• The parties can not depend upon each other for financial support;
• Both parties must waive the right to alimony; and
• The parties must agree to divide all marital property worth more than $100, as well as all debts taken on during the marriage.

Couples who satisfy these requirements could be eligible to file a petition for a joint simplified divorce and so avoid the time and expense of litigation.

Call Our Office Today

Please call 708-949-6440 today to speak with one of the dedicated Mokena divorce lawyers at

Forst Law Offices about your divorce-related questions and concerns.