Prior to 2016, there were several reasons that someone could cite in filing for divorce. Adultery, physical abuse, and mental cruelty, among others, were all grounds for divorce. However, after looking at divorce statistics in the state of Illinois over the course of several years, the Illinois legislature found that the vast majority of couples sought divorce on the basis of irreconcilable differences. So, as part of the sweeping changes to the Illinois Marriage and Dissolution of Marriage Act that went into effect earlier this year, irreconcilable differences are now the only permissible grounds for divorce in the state.

Irreconcilable Differences and a Faster Turnaround for Illinois Divorces

As a practical matter, the switch to irreconcilable differences as the sole grounds for divorce has little effect on how divorces are handled. Illinois has long been a “no-fault” divorce state, meaning that even if a wife alleged adultery against her husband, it did not entitle her to more property or spousal support under the law. If anything, only recognizing irreconcilable differences as grounds for divorce now streamlines the process.

Marriage represents that wonderful time when you make a commitment to another person to hopefully spend the rest of your lives together. There is a lot to plan with a wedding, like the venue, the food, and the guest list. In the middle of all this planning, it is easy to forget that marriage is actually a legal agreement that changes the rights and obligations that you and your spouse have to each other.

Getting a Marriage License in Illinois

A religious ceremony alone does not give a marriage legal recognition in the state of Illinois. The couple also must go to their local county clerk’s office to apply for a marriage license. To obtain a marriage license, you must show a valid ID, identify your parents, state whether you have previously been married and, if so, how that marriage ended, and state whether you are related to each other and, if so, how.

Couples divorce for many reasons. Sometimes those reasons involve infidelity or abuse. Sometimes they fight too much and are no longer able to get along. And occasionally, couples in Illinois get divorced because one spouse just vanishes. He or she just decides the best way to get out of the relationship is to leave the state and not leave behind any contact information. In some cases, one spouse will decide to flee the state to avoid moving forward with the divorce proceedings. Legally, the couple remains married while the other spouse is absent, but if the spouse who remains in Illinois chooses, he or she may proceed with a divorce despite the missing spouse.

Divorce By Publication in Illinois

Typically, divorce papers are served by the county sheriff. This becomes much more difficult if your spouse is unreachable. If your spouse has been absent for a lengthy period of time and you have been unable to reach him or her or otherwise serve notice of divorce proceedings on him or her, a court may grant permission to seek divorce through publication under Illinois law. This requires showing the court that you have made a diligent effort to contact your spouse, including contacting family and friends, employers, and prior landlords. The spouse seeking the divorce will have to sign and submit to the court an affidavit of diligent search that details the steps taken to locate the absent spouse.

It goes without saying that there is a lot at stake when a couple with a large number of assets gets divorced, and the sheer scope of the property involved can make these cases daunting. Many couples have assets spread across numerous types of accounts and investments across the country. Sometimes even international assets are involved. Add in the fact that in many cases one spouse attempts to hide or devalue assets to avoid giving up property in the divorce, and you have a recipe for a case that can drag on for years. However, many clients are now finding that high asset divorce cases can be simplified through forensic accounting.

What Is Forensic Accounting?

A forensic accountant is a financial professional who has investigative and auditing abilities that go far beyond that of an average accountant who may help prepare your income taxes. Similar to how a forensic scientist helps police put together what happened at a crime scene, a forensic accountant can help a divorce attorney reconstruct where assets came from, where they have been hidden, and how they have been devalued.

“Discovery” is a common term that means something very different to attorneys than the general public. While television shows like to cover the initial filing of a lawsuit and the trial, rarely does the media portray the slower-paced discovery process that occurs in between the beginning and ending of a case. After a divorce case is filed, and the respondent files an answer to the petition for dissolution of the marriage, the attorneys begin the discovery process of exchanging information with each other to facilitate a resolution to the case.

What is Discovery in a Divorce Case?

Discovery can consist of several different processes and associated terms. These include: