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Lemont

Family Lawyers Guiding Residents of Lemont

Lemont is a village located in the suburbs of Chicago. It is a mid-sized city, with around 18,000 people and 4,000 households. Two-thirds of the households are married people, and approximately 40 percent of the homes have children. However, it is not uncommon for Lemont residents to encounter family law issues. Deciding whether to divorce is a typical issue faced by families throughout the nation, and even the most amicable divorce can quickly turn sour when it comes to deciding matters such as property division and support. If you are interested in pursuing a divorce or are dealing with any other family law issue, it is in your best interest to speak with a skillful Lemont divorce lawyer who has experience litigating family law cases in the courts of Illinois. At Kollias & Giese, P.C., we will aggressively pursue a fair and equitable result in your family law case, and we will work hard to protect your rights.

Factual Allegations Required in a Divorce Petition

A party who wishes to legally end their marriage in Illinois must do so by filing a petition for dissolution of marriage. While some states have more liberal pleading requirements, Illinois has precise laws regarding what must be in the petition. Specifically, it must include each spouse's name, address, age, and occupation. The petition also needs to include facts regarding when and where the marriage began, and whether there have been any other divorce actions filed by either party. Illinois no longer allows parties to pursue fault-based divorces, so allegations regarding what caused the end of the marriage are not permitted. Instead, Illinois only allows parties to seek a divorce for "irreconcilable differences." As a result, the petition must allege that irreconcilable differences caused the irretrievable breakdown of the marriage, and attempting to reconcile would not be in the best interest of the parties.

Procedural Requirements in a Divorce Action

In addition to the factual allegations that must be included in a petition for dissolution of marriage, there are specific procedural requirements that must be met as well. A divorce attorney can advise Lemont residents on how to make sure that they meet the requirements. Illinois law requires that either the person filing a petition for dissolution of marriage or his or her spouse must have resided in the state for 90 days before filing and that the petition is filed in the county in which either party lives. After a petition is filed, it must be served on the opposing party. Service is typically effectuated by a sheriff.

Once the petition is appropriately served, the responding spouse, also known as the defendant, has 30 days in which he or she must file an answer or an appearance. If the defendant fails to respond in the time required, the court may order a default judgment. If either party fails to comply with the procedural requirements, this can adversely affect his or her rights and may affect the outcome of the case. Therefore, if you wish to seek a divorce, it is vital to retain a knowledgeable Lemont divorce attorney with the knowledge and experience needed to help you reach a favorable outcome.

Legal Separation

In some cases, a married couple will no longer wish to reside together but may not be ready to seek a divorce. In these cases, Illinois law allows either party to seek a legal separation. The party who files a petition for separation must show that the parties are living separate and apart, and the party filing the petition did not cause the separation. If the court finds that the party filing the petition has proven both elements, it may grant the petition. Once a petition for legal separation is granted, the court may consider actions for spousal support or child support.

Meet With a Seasoned Family Law Attorney

Family law issues can arise in any community in Illinois, and Lemont is no exception. If you are considering seeking a divorce, you should meet with a seasoned family law attorney to discuss your case. At Kollias & Giese, we will work diligently to help you pursue a favorable outcome. To schedule a meeting with a divorce lawyer in the Lemont area, contact us at (630) 407-1200 or via our online form.

Client Reviews
★★★★★
"Dan's expert handling of my divorce case was beyond my expectations. He takes control, documents your facts and summarizes options for you throughout the process. You will always get a timely response by email or phone. He will not forget the facts in your case or be uprepared for milestones along the way. He will advise on important matters but act per your direction. Finally, he will maintain a positive and professional communication with all parties involved." Jacquelyn
★★★★★
"Lisa has been my lawyer for the past 4 years for various court precedings and has been awesome. She always knew what was going on with my case and always took the time to ask what I wanted the end result to be. She’s tough and not scared to speak her mind in a courtroom in order to fight for her client. Lisa also always worked with me financially in order to work around what I could afford. I would 10/10 recommend her to anyone and would hire her again if needed." Cali
★★★★★
"Ms. Defino did an absolutely amazing job working with me on my case. She was very, very prepared, was excellent in responding to calls, emails and messages, understood the law and worked with with partners of her firm if there were areas that we needed advice and other opinions on. Jessica was a very comfortable to work with, super personal and got all of my needs and wants out of my divorce case. I would highly recommend working with Ms. Defino." Matt
★★★★★
"I was represented better than I could have ever imagined. My needs were put first and was treated as a friend rather than a number. My opinions were valued and my doubts were always reassured. My nerves were calmed and the process was always explained. Jane Nagle fought hard for me. she went above and beyond and did everything she could to ensure a great outcome. I couldn't have asked for a better attorney and her firm. Thank you from the bottom of my heart." Marcia