Going through a divorce is often a challenging and emotionally taxing experience. It involves legal, financial, and emotional complexities that can be overwhelming. Understanding the divorce process in your state can help you navigate this difficult journey more effectively. If you are considering divorce, contact our Chicago, IL divorce lawyer today.
Step 1: Eligibility and Residency
Before you initiate the divorce process in Illinois, you need to ensure you meet the eligibility and residency requirements. You or your spouse must have been a resident of Illinois for at least 90 days prior to filing for divorce. Additionally, you must have grounds for divorce. Illinois recognizes both no-fault and fault-based grounds for divorce. No-fault divorces are based on the irretrievable breakdown of the marriage, while fault-based divorces can be filed on grounds such as adultery, cruelty, abandonment, and more.
Step 2: Choosing the Right Process
Once you’ve determined your eligibility and grounds, you need to decide on the type of divorce process that suits your situation. Illinois offers three main methods:
- Uncontested Divorce: If you and your spouse can agree on all issues, including property division, spousal support, child custody, and child support, an uncontested divorce is the most straightforward and cost-effective option. You can file jointly and work together to create a marital settlement agreement.
- Mediation: Mediation involves a neutral third party (the mediator) who helps you and your spouse negotiate and reach an agreement on contested issues. Mediation is a more amicable and cooperative approach compared to a traditional litigated divorce.
- Litigated Divorce: In a litigated divorce, each party retains their own attorney, and the case goes to court. The judge will make decisions on issues that you and your spouse cannot agree upon. Litigated divorces are typically more time-consuming and expensive.
Step 3: Filing the Divorce Petition
If you opt for an uncontested divorce or mediation, the next step is filing the divorce petition. In Illinois, this is done in the county where either you or your spouse resides. The divorce petition should include essential information, such as the names and addresses of both parties, the date of the marriage, the grounds for divorce, and a statement of what you’re seeking in terms of property division, spousal support, child custody, and child support.
Step 4: Serving the Summons
After filing the divorce petition, you need to serve a summons to your spouse. The summons informs your spouse that they have a specific timeframe to respond to the divorce petition. In uncontested divorces, your spouse may accept service voluntarily, simplifying the process. In contested cases, a process server may be necessary.
Step 5: Response and Counterclaim
Your spouse will have 30 days from the date they are served with the summons to respond. They can either agree with the terms of the divorce petition or file a counterclaim if they disagree with certain aspects. If your divorce is uncontested, your spouse may waive the right to respond, streamlining the process.
Step 6: Discovery and Negotiations
During this stage, both parties exchange information and documents relevant to the divorce, including financial records, property valuations, and child custody arrangements. If you’re in mediation, this is where you’ll work with your mediator to reach agreements on these matters. In contested divorces, negotiations may be more challenging and may require court intervention.
Step 7: Pretrial Proceedings
If you and your spouse cannot reach an agreement on all issues, the case may go to trial. Before the trial, there may be pretrial proceedings, such as motion hearings and conferences with the judge to attempt a resolution without a full trial.
Step 8: Divorce Trial
If no agreement is reached, the case proceeds to a divorce trial where the judge will hear arguments, review evidence, and make decisions on unresolved issues. The trial process can be lengthy, costly, and emotionally taxing.
Step 9: Property Division
Illinois follows an equitable distribution system for property division, which means assets and debts should be divided fairly, but not necessarily equally. The court considers various factors, such as the length of the marriage, the financial and non-financial contributions of each spouse, and the economic circumstances of both parties.
Step 10: Spousal Support
The court may award spousal support (alimony) based on factors like the income and needs of both parties, the duration of the marriage, and the standard of living established during the marriage.
Step 11: Child Custody and Support
Child custody and support arrangements are made with the best interests of the child in mind. The court may award joint or sole custody, and child support is calculated based on state guidelines.
Step 12: Finalizing the Divorce
Once all issues are resolved, and the court has made its decisions, the divorce can be finalized. A Judgment for Dissolution of Marriage is issued, and the marriage is officially terminated. If you have been through mediation or uncontested divorce, this process is generally quicker and more straightforward.
Step 13: Post-Divorce Matters
After the divorce is finalized, there may be post-divorce matters to address, such as implementing the child custody and support arrangements and ensuring property division is carried out as ordered by the court.
Conclusion
Navigating the divorce process in Illinois can be challenging, but understanding the step-by-step procedure can help you manage your expectations and make informed decisions. Remember, every divorce is unique, and the duration and complexity of the process can vary widely. That’s why it’s important to work with an experienced family law attorney. At Merel Family Law, we can guide you through every step of the Illinois divorce process.
