Will it Matter in Our Divorce Where We Got Married?

DuPage County Divorce Lawyers Address Whether Marriage Locations Matter in Divorce Proceedings

Many questions come up when you either contemplate or begin the divorce process. This includes matters related to child custody and visitation, child support, spousal support, and marital property distribution. Before you make any decisions, speak with an experienced divorce attorney who can guide you through the divorce process.

One common question is whether the location of your wedding will cause complications during your divorce. If your marriage occurred in another state or country, will this affect your ability to get divorced in Illinois? Are there certain requirements that must be met before you can proceed with the divorce process? An experienced family law attorney can provide guidance on the laws that apply in these situations.

The skilled divorce lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC understand the uncertainty and various concerns that accompany divorce. We know the strain can be overwhelming as you ponder your post-divorce life. Whatever worries you might have, we can provide the legal advice and representation you need to lessen the emotional burden.

Regardless of whether you and your spouse can reach agreements via collaborative divorce or divorce mediation, or if you require divorce litigation, you can trust our attorneys to fight for the resolution you want.

Does Marriage in One State Affect Divorce in Another?

In short, no. If you were legally married in another state or country and your marriage does not conflict with Illinois law, it is legally recognized by the state's courts. If you have resided within the state of Illinois for at least 90 days prior to filing a petition for divorce, the court has the legal authority to grant the dissolution of your marriage. However, if either you or your spouse have moved out of your family home prior to beginning your divorce, you may need to meet additional residency requirements in the county where either of you lives before you can file for divorce.

If you meet the applicable residency requirements, either you or your spouse can begin the divorce process by filing a petition for dissolution of marriage. This petition may be filed in the county where you live or where your spouse lives. After the petition is officially submitted to the court, it must be served to the other spouse. That spouse will be required to file a response, which may include a court appearance acknowledging that they have received the petition, an answer to the issues raised in the petition, or a counter-petition for divorce.

Once the divorce process officially begins, you will need to work with your spouse to reach agreements on all outstanding issues that must be addressed before your marriage can be legally terminated. Depending on your unique circumstances, this may involve dividing your marital property, determining how child custody and parenting time will be divided or shared, determining eligibility for spousal maintenance payments, and calculating child support obligations. If you are unable to negotiate a settlement, your case may be resolved through a divorce trial. Your lawyer can advise you on the best approach to take, and they can work with you to ensure that you will be able to address all legal issues correctly in order to complete the divorce process.

Contact a Wheaton, IL Divorce Attorney

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we provide compassionate care for our clients while aggressively pursuing the divorce agreements they need as they transition to the next chapters of their lives. To speak with an adept DuPage County family law attorney, contact us at 630-665-7300 for an Initial Attorney Meeting.