An Overview of the Illinois Divorce Process

 Posted on December 00, 0000 in Divorce

Getting a divorce -- or dissolution of marriage, as it is called in Illinois -- means the marriage between you and your spouse will be legally terminated. One your divorce case is approved by a judge and he or she has given you a Judgement of Dissolution of Marriage, both you and your former spouse will be free to remarry and can resume your former name, if applicable. Getting a divorce can be a very long and complicated legal process, so it is important to understand the basics before you begin the process.

Filing the Petition

To officially begin the divorce process, you must first file a Petition for Dissolution of Marriage in the circuit court of the county in which either you or your spouse resides. To file this petition, either you or your spouse must be a resident of Illinois for at least 90 days and you must be able to prove that you and your spouse have irreconcilable differences. Once the petition is filed, a copy of the petition will be served to your spouse.

Temporary Orders

Next, you should determine whether or not your situation calls for any temporary orders. Temporary orders can be for spousal maintenance, parenting time and/or child support. In some cases, a judge may also grant a temporary order of protection to aid a spouse who is experiencing dangerous or otherwise unacceptable behavior. Temporary orders typically last until a Judgement of Dissolution of Marriage is entered and the temporary orders can be replaced with more permanent ones.

Exchange of Information

This is typically the stage of the divorce in which information will be exchanged between both spouses and agreements will be made on things such as property division, debt division, parenting time and responsibility arrangements, spousal maintenance and child support. If either spouse is not forthcoming with information, such as their financial information, the process of discovery is started.

The discovery process will require the non-cooperating spouse to provide the other spouse with various financial documents, complete a financial affidavit and/or answer a series of questions on varying topics, called interrogatories.

Trial or Agreement

Once everyone has all of the relevant information, negotiations will begin. Most divorce cases do not end up going to trial, partly because it is expensive and partly because most couples can settle disputes with help from their attorneys. If both spouses can come to an agreement on all of the issues, the court will examine the agreements. As long as the agreement is equitable and/or compliant with divorce laws, the divorce will be approved and the judgment will be entered. If the couple cannot come to an agreement on even just one issue, they will have to appear before a judge so he or she may make decisions for them.

Consult an Oswego Divorce Attorney for More Information

For many people, going through the divorce process can be a time of anxiety and uncertainty. A knowledgeable North Aurora divorce lawyer can help you make informed decisions about your divorce and can guide you through the process. Contact the Law Office of Matthew M. Williams, P.C. to begin discussing your case and how to best proceed with your divorce. Call our office today at 630-409-8184 to begin the process.

Sources:

https://www.isba.org/sites/default/files/publications/pamphlets/Divorce.pdf

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59