Aurora, IL Lawyers Explain the Divorce Process

Protect Your Rights With the Help of Our Aurora, Illinois Divorce Attorneys

Getting a divorce is not only a complex legal procedure, but it can also be emotionally challenging. Ending a relationship that you thought would last for the rest of your life can be difficult, and you will need to make many adjustments to your living situation, your finances, and other parts of your life. As you deal with these issues, you may struggle to determine what procedures will be followed during the divorce process. To make sure your legal issues will be handled correctly, you will need an experienced attorney on your side.

At The Law Office of Matthew M. Williams, P.C., we can help you approach your divorce with confidence by providing clear guidance on the legal issues you will need to address and honest advice about the best steps you can take during your case. We will advocate for you throughout every stage of the legal process, working to reach an outcome that will allow you to move forward successfully.

Filing for Divorce

A Petition for Dissolution of Marriage will initiate the divorce process. The petitioner will file a divorce petition with the appropriate circuit court. Illinois follows a no-fault divorce model, meaning that the reason for divorce that may be cited in a divorce petition is irreconcilable differences. Once the petition is filed, the court issues a summons, which must be served to the other spouse. After that spouse files a response, the divorce process may move forward.

Temporary Relief Orders

While the divorce is pending, either spouse may request temporary relief from the court to address urgent matters and determine how certain issues will be handled. A parent may ask for a temporary parenting time schedule to be put in place, or they may request child support payments that will allow them to meet their children's ongoing needs. Issues such as possession of the marital home, use of vehicles or other property, or payment of household bills may also be addressed. When temporary orders are put in place, they will remain in effect until the divorce is finalized unless they are modified by the court at a later date.

Discovery: Investigating Finances and Assets

One of the most critical phases of a divorce is discovery. Both parties will gather and exchange relevant information and documentation needed to resolve key issues in their case. Financial records may help determine how property should be divided or how much a spouse will be required to pay in child support or spousal support.

Discovery methods may include:

• Interrogatories: Written questions that must be answered under oath
• Requests for Production: Formal requests for documents, such as bank statements, tax returns, and property deeds
• Requests for Admission: Requests for one party to admit or deny specific facts
• Depositions: Sworn testimony taken outside of court in the presence of a court reporter
• Subpoenas: Legal demands for records or testimony from third parties, such as banks or employers

The discovery process is essential for ensuring full financial transparency and preparing for settlement negotiations or trial.

Settlement Negotiations and Alternative Dispute Resolution

Most divorces in Illinois are resolved through a settlement agreement, which allows the parties to control the outcome of their case. In an uncontested divorce, a settlement can be reached through informal negotiations between the spouses and their attorneys, or other methods of alternative dispute resolution may be used:

• Mediation: A neutral third party can work with the spouses to help them reach agreements on all outstanding issues.
• Collaborative Divorce: The spouses may commit to resolving their case outside of court with the assistance of their attorneys.

A divorce settlement will include all decisions about the dissolution of the couple's marriage and the ways certain matters will be handled going forward. It will detail how marital property will be divided, and it may provide for ongoing spousal maintenance. For parents, a divorce settlement will include a parenting plan that details how issues related to the allocation of parental responsibility and parenting time will be addressed.

Once finalized, the settlement agreement will be submitted to the court for approval. The couple will attend a final hearing in which their divorce will be finalized, and the terms of their settlement will become legally binding.

When a Divorce Trial May Be Necessary

If spouses cannot resolve all outstanding issues in their case, their divorce will proceed to trial. In a contested divorce, a trial may involve testimonies from the spouses or other parties, evidence may be presented, and each spouse's attorney will make arguments. A judge will make the final decisions on all unresolved matters and issues a Judgment for Dissolution of Marriage.

Schedule a Consultation With Our Aurora, Illinois Divorce Attorneys

Throughout the divorce process, it is critical to work with an experienced attorney who can protect your rights and advocate for your future. At The Law Office of Matthew M. Williams, P.C., we will provide you with effective guidance and representation, helping you resolve your case successfully. Contact our Aurora divorce lawyers at 630-409-8184 and set up a free consultation where you can begin planning the next steps to take during your case.