If you are going through a divorce or another family law matter, you probably have a lot of questions about your legal rights. How will marital property be divided? Will an order of protection be necessary? What do the courts consider in determining issues like child custody and visitation? At Kollias & Giese, P.C., our Aurora divorce lawyers understand that divorce and family law matters are often highly emotional. We work hard to make sure that our clients’ questions are answered promptly and professionally and that they receive thorough legal advice as they go through the process of ending a marriage or dealing with important issues related to their children.
According to census information, there are about 62,000 households in the city of Aurora, slightly less than half of which have children under the age of 18. For Aurora residents, matters involving marital dissolution, parental responsibilities, and parenting time are usually heard in circuit court. Since Aurora extends across four counties (DuPage County, Kane County, Kendall County, and Will County), jurisdiction depends on the county in which the plaintiff (the person filing the complaint for divorce) resides. For example, for DuPage County residents, jurisdiction lies in the 18th Judicial Circuit Court.Illinois Divorce and Child Custody Law
Beginning a divorce in Illinois is a fairly simple process. Either spouse can file a petition for dissolution of marriage with the clerk of the appropriate court. In the petition, matters such as residency, jurisdiction, and grounds for divorce are set forth. Regarding the residency requirement, for example, Illinois law requires that a person reside in the state for at least 90 days prior to commencing an action for divorce. Our divorce attorneys can help Aurora residents complete the necessary paperwork.
It is no longer necessary for a spouse to prove fault in a divorce proceeding. Illinois divorce courts have the authority to end a marriage on the basis of “irreconcilable differences,” which only requires a finding that the marriage has irretrievably broken down, and a reconciliation is not in the best interests of the family. After filing, the plaintiff’s petition is served on the other spouse, who then has a set amount of time (usually 30 days) in which to respond. If the other spouse does not file an answer to the petition within 30 days of having been served, the plaintiff may opt to request a default judgment.
In contested marital dissolution cases, the parties will probably go through a phase of litigation known as “discovery.” This is a time during which interrogatories may be completed and depositions may be taken. The complexities of this process make it important to consult an Aurora divorce attorney who can make sure that you use all of the tools at your disposal. Financial information, such as income tax returns, financial affidavits, payroll information, and banking statements, may be exchanged, along with other pertinent documents. This process may help the parties eventually reach an agreement on issues such as the disposition of their real and personal property and matters concerning their respective parental responsibilities and parenting time with their minor children. If a settlement is not reached, the case will be set for a trial, and a judge will decide the relevant issues.Contact an Experienced Divorce Lawyer to Discuss Your Options
The outcome of divorce proceedings can affect a family for many years. At Kollias & Giese, P.C., our seasoned divorce attorneys are skilled negotiators and zealous litigators. While we make every attempt to resolve a matter in the least intrusive and costly manner under the circumstances, we are always prepared to take a case to trial if that is needed. We believe that careful preparation is vital to a successful resolution of a family law case, and we work hard to make sure that we understand our clients’ goals. For a free consultation with a divorce lawyer in the Aurora area, call (630) 407-1200 or contact us online.