Illinois Divorce Process

Chicago Family Law Attorney Helping You Take Control of Your Divorce and Regain Control of Your Life

At Arami Law, we know how important it is that our clients understand the divorce process. Knowing what to expect and how we’ll be there to assist you can give you peace of mind during this tumultuous time. Most Illinois divorces follow a similar pattern. You can expect your marital dissolution to involve these aspects:

Pre-divorce Planning

As with any process, the more planning you do in advance, the easier your divorce can be. Prior to the divorce, spouses have a great influence on the tone of the proceedings and whether the process is cooperative or adversarial. It is helpful to have an open discussion with your spouse about your plans after marriage. If possible, gather personal and financial records before you leave the shared home since they may be more difficult to access or locate after one spouse moves out. 

You should also consider what your post-divorce budget will look like and your goals for the divorce settlement. Competing goals, such as custody of the children and ownership of certain assets, often require litigation. But if you and your spouse are not at odds about parenting or property issues, you may be able to work collaboratively on your divorce and reach a settlement agreement even before you file. 

Confirm Eligibility & Jurisdiction

To file for divorce in Illinois, one of the spouses must have been a resident of the state for at least six months. In addition, a spouse seeking a divorce must file in the court of a county where one of the spouses currently resides. Illinois no longer considers “fault” in divorce proceedings, and spouses no longer need to allege grounds such as adultery or cruelty, they simply need to cite irreconcilable differences.

Hire an Attorney

Once you and/or your spouse have determined that divorce is the right choice, it is wise to consult with a knowledgeable divorce lawyer. Even if you and your spouse agree on most or all issues, you’ll benefit from having an experienced family law attorney counsel you on methods for obtaining an uncontested divorce. And if there are conflicts over property or parenting rights, getting an attorney involved early in the process can make negotiations easier and could help you resolve issues more quickly.

Filing

In Illinois, the legal term for divorce is a dissolution of marriage, and the process begins when one spouse files a Petition for Dissolution of Marriage. In the petition, you’ll include how you wish for property and parenting duties to be divided. The spouse who files the divorce papers at the county court is known as the petitioner. The other spouse is the respondent.

Service of Process

The petitioner must arrange to have the divorce petition and a summons to appear delivered to the respondent. The way this is handled can influence the tone of future proceedings. Embarrassing your spouse can cause bitterness; a courteous phone call arranging a time and place for service sets a professional tone.

Answer

The respondent has 30 days to file a written response to the petition. In their response, called an Answer, your spouse can disagree with any requests you’ve made and request a different settlement. The respondent may also choose to do nothing, in which case the judge could enter a default judgment for the petitioner.

Discovery

The spouses must disclose their financial information. In contested divorces, negotiations of ancillary issues begin after a value has been established for the marital estate. If you believe your spouse is concealing assets, your attorney can discuss options for compelling the other party to disclose those assets.

Pretrial Conference 

This is an informal hearing in the judge’s chambers. The court checks on the progress of the negotiations and makes non-binding recommendations regarding a settlement. In an uncontested divorce, the spouses present their signed settlement agreement at this time.

Settlement

When the spouses reach an agreement, their attorneys draft a document for the court. Judges usually approve negotiated settlements and incorporate the terms into the divorce decree. It also accepts partial settlements, with the remaining issues being held over for trial.

Trial

Depending on the court’s calendar, the wait for a trial date may be up to 60 days. During that time, your attorney prepares your case by assembling documents, deposing any witnesses, and consulting experts if necessary. When the trial date comes, both sides present their case to the judge, who rules on the issues and enters a final divorce judgment.

For answers about the Illinois divorce process, contact our Chicago attorney

If you’re considering divorce, you want an attorney you can rely on at every stage of the process. Contact Arami Law today online for a consultation. Our firm serves clients throughout the Chicago, Illinois region.