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.