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What is the Illinois Divorce Process?

Schaumburg divorce lawyer

Family Law Attorney for Dissolution of Marriage in Chicago and Cook County

The end of a marriage is a stressful time for everyone involved, and it is easy to become overwhelmed, especially if you do not know what to expect from the legal process of getting a divorce. While the specific details will vary from case to case, there are certain commonalities among all divorces in the State of Illinois. When you understand how the divorce process will play out, you can better prepare for each step as you work toward your desired outcome.

At The Law Offices of George J. Skuros, when we represent you, our priority is to educate you about the divorce process and maintain regular communication to ensure that you stay informed about all important developments. With over 30 years of legal knowledge and experience, we can guide you through the process and help you make the best possible decisions on the path to a fair resolution.

Filing For Divorce in Illinois

According to Illinois law, there are only two prerequisites for filing for divorce. First, one or both spouses must have resided or been stationed for military service in Illinois for the past 90 days. Second, the marriage must have undergone an "irretrievable breakdown" due to irreconcilable differences. It is not necessary to demonstrate marital misconduct, such as infidelity or abandonment, on the part of your spouse, and there is no requirement that you are living apart or legally separated at the time of filing for divorce, though if you have been living apart for at least six months, the court will consider this to be sufficient evidence of irreconcilable differences.

Filing for divorce is the first official step in the legal process of ending a marriage, but you can take several important steps to prepare ahead of time. This includes consulting with an attorney and gathering all of your financial documents to help you protect your interests. If you and your spouse want to pursue an uncontested divorce, you can also work together to reach an agreement regarding property division, spousal maintenance, parental responsibilities, and child support before filing. You can then submit your agreement along with your petition for divorce, potentially allowing you to complete the divorce process much more efficiently.

What Happens After Filing For Divorce?

If you are the one to file for divorce, you will also need to serve notice to your spouse. If, on the other hand, your spouse files for divorce and you are served notice, you will need to file your response with the court within 30 days or risk a default judgment in which you have no input. You should also hire your own attorney to advise and represent your interests throughout the process.

Any outstanding disagreements between spouses at the time of filing will need to be resolved before the divorce is finalized. The court will generally initiate a period of discovery, allowing you and your spouse, with the assistance of your legal representatives, to exchange relevant information and documents. Usually, the primary purpose of the discovery period is to ensure that both parties have a full understanding of each other's income and assets for the purposes of reaching an equitable resolution on any financial matters.

Whenever practical, the court will encourage you and your spouse to reach a divorce settlement through negotiation, in which your respective attorneys can help you protect your interests. In some cases, you may be ordered to attend mediation, in which a neutral third party will guide discussions to help you reach an agreement. However, if settlement attempts are unsuccessful, or if the court determines it is best to proceed without them, your divorce may be resolved in a trial. In this case, each spouse and their attorney will have the opportunity to present evidence and make their case in court, and the judge will then decide on the terms of the divorce decree.

Upon the legal dissolution of the marriage, the divorce order becomes legally binding, and any violations of its terms may be grounds for charges of contempt of court. However, it is possible to petition for the modification of some elements of the decree, including parenting time, parental responsibilities, child support, and spousal support, as circumstances change in the future.

Divorce Process FAQs

Q

What Is the Process for Getting a Divorce in Illinois?

Answer: The divorce process begins with filing a petition for a dissolution of marriage in the county where you or your spouse live. In this petition, you can include requests addressing how property division, child custody, and other pertinent issues will be handled during your case. Illinois is a no-fault divorce state, so you do not have to provide a reason for your divorce beyond "irreconcilable differences."

Once you have sent your petition to the court, you must give your spouse formal notice of your intent to divorce and serve them with a copy of the divorce petition. Your spouse has 30 days to respond by filing a court appearance, a response, or a counter-petition. You can then move forward with addressing the various issues involved in your case. You may work to resolve these issues by negotiating a settlement, using mediation, or proceeding with a divorce trial in court.

Q

How Long Does it Take to Finalize a Divorce in Illinois?

Answer: The time it takes to complete the divorce process will depend on whether your divorce is contested or uncontested. The more complex the issues you have to address in areas such as property division, alimony, and child custody, the longer your case will take to resolve.

In an uncontested divorce with limited conflict, a dissolution of marriage can be finalized in as little as a few months. On the other end of the spectrum, high-conflict divorces can take years to resolve.

Q

What Are the Residency Requirements for Filing for Divorce in Illinois?

Answer: In order to file for divorce in Illinois, either you or your spouse must have resided in the state for at least 90 days.

Q

What Are the Steps to an Uncontested Divorce in Illinois?

Answer: The process of uncontested divorce begins with filing a petition for divorce. After the other spouse responds, the parties will exchange information during the discovery phase of their case. They will then work together to negotiate a settlement that addresses all outstanding issues in their case. If necessary, mediation may be used to resolve these issues amicably. Once an agreed settlement has been reached, it can be filed in court, and a judge will issue a divorce decree, finalizing the dissolution of the couple’s marriage.

Q

What Documents Do I Need to File for Divorce in Illinois?

Answer: As part of the discovery process, you will need to present different documents with information about your assets and debts. These documents may include your tax returns, insurance policies, loan statements, pay stubs, and bank account statements. This will ensure that both parties have a complete understanding of your financial situation when making decisions about property division and/or financial support.

Q

Can I File for Divorce Online in Illinois?

Answer: When petitioning for divorce, you have the option of filing electronically. Other petitions or forms required during your case may also be submitted online. Depending on the issues addressed during your case, you may need to make court appearances. Your attorney can advise you on when you can submit forms or petitions online and when you will need to go to court.

Q

What Happens After I File for Divorce in Illinois?

Answer: After you file for divorce, you and your spouse may need to appear in court to address some of the requests made in the divorce petition and response. You will then go through the discovery process to take an inventory of your assets and financial resources. This process typically involves back-and-forth questions conducted through your attorneys. You may then begin taking steps to resolve the outstanding issues through negotiation or mediation. If there are any issues that cannot be resolved, your case may proceed to a trial.

Q

How Does Property Division Work in an Illinois Divorce?

Answer: If you and your spouse cannot reach a property settlement on your own, the courts will divide your marital property according to what is fair. This does not always entail a 50/50 split of assets. Since Illinois is a no-fault state, neither you nor your spouse will be penalized for the collapse of the marriage, and decisions will be based on what is fair and equitable for both parties.

Q

What if My Spouse Does Not Respond to the Divorce Filing?

Answer: If your spouse does not respond to your petition, you may receive a default judgment, and the judge may grant the requests you made in your petition.

Q

Do I Need a Lawyer to File for Divorce in Illinois?

Answer: You do not need a lawyer to file for divorce in Illinois, and you can represent yourself during your case. However, legal representation from an experienced attorney is highly recommended. Your lawyer can keep you informed of your rights and advocate on your behalf for a favorable resolution in and outside of the courtroom. At The Law Office of George J. Skuros, we can assist with both contested and uncontested divorces.

Contact an Illinois Divorce Lawyer

In order to better understand how the divorce process will apply to your case, we encourage you to contact us at 312-884-1222 to schedule a free consultation. We represent clients throughout the divorce process in Cook County, Chicago, and the surrounding areas, including Mount Prospect, Des Plaines, Park Ridge, Arlington Heights, Inverness, Schaumburg, and the North Shore.

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