Petition for Divorce
Petition for Dissolution
(Divorce Papers)
The “divorce papers” consist of the Petition for Dissolution of Marriage and the Summons. The Petition for Dissolution of Marriage is the “complaint” the Plaintiff (Petitioner) files with the Circuit Clerk’s Office. The Petition contains allegations when, if proven, grant the court the authority to provide the relief requested–ie. the divorce.
Residency Requirements for Dissolution of Marriage
Many client have asked “How long do I have to be a resident of Illinois before I can file?”–My answer is “About 1 second.” I’ve had cases where the marital residence is in one county but my client rented a hotel room in another and we filed in the county where she had rented a hotel room. The key is where the parties “reside” at the time the Petition is filed. There must be an allegation relating to residency.
Jurisdiction
As long as 1 party resides in Illinois, Illinois courts have jurisdiction over the marriage–the “subject matter” of a divorce case. Illinois can always enter a Judgment for Dissolution of Marriage; however, in order to divide property, determine maintenance/alimony, award custody, set child support, the Court must also have jurisdiction over both parties.
Obviously, when both parties live in Illinois the Court has jurisdiction over them. Problems arise when one party resides in Illinois and the spouse resides in a different state or country. It is very important to discuss the issue of jurisdiction during the initial consultationis if your spouse resides in a different state or country.
Grounds for Dissolution of Marriage
The grounds for divorce must be specifically set forth in the Petition for Dissolution of Marriage. Please refer to my page “Grounds for Divorce” for more information on grounds for divorce.
Additional Allegations in the Petition for Dissolution of Marriage
There are other allegations which must be included, some that should be included and some the could be included. To mention everything in a Petition for Dissolution of Marriage would be overwhelming. Allegations need to cover marital property, non-marital property, whether maintenance is an issue, child custody, child support, and attorney’s fees to name a few. What allegations ultimately have to be in your particular Petition will be determined during the initial consultation.
To schedule a consultation: 630.409.8184 or E-mail: mmw@divorcelawyerdupage.com