Statutes, Residency, Grounds
All filings must meet the jurisdictional requirements of the state and the county.
In Illinois, the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act of 1984 are the most relevant statutes for divorce and paternity actions.
Unfortunately, some cases also require the application of the Illinois Domestic Violence Act of 1986.
These acts define which courts have the power to decide your case and what requirements must be meet in order to file your case in Illinois.
In most paternity cases, the Petition to Establish Parentage will be filed in the county where the mother or father resides.
In most divorce matters in Illinois, the husband or the wife must reside in Illinois for ninety (90) days.
There are several grounds a husband or wife can allege in order to obtain a Judgment for Dissolution of Marriage, including, but not limited to: (a) Irreconcilable Differences; (b) Mental Cruelty; and (c) Physical Cruelty.
Once the necessary documents are filed with the clerk of the court, the other party must be served or voluntarily file his/her appearance. The Family Law Office of Amy E. Richards will walk you through each step of the process and attempt to use the method of service with which you are most comfortable and that you feel will bring the most expeditious closure to your case.
When a husband or wife refuses to participate in the divorce process, the court allows the party filing for divorce to proceed by default judgment.
In some default cases, where attempts at service have been unsuccessful, the courts allow service by publication.
Contact the Family Law Office of Amy E. Richards to discuss whether you have met all the requirements to file in Cook, Lake, DuPage, or McHenry counties.