What Are the Steps to Divorce in Illinois?
Getting divorced in Illinois is not just the end of your marriage. It’s also a complex legal procedure with many steps, procedures, and terms. If you want an Illinois divorce, knowing the steps and basic requirements can help you prepare, understand what’s coming, and take appropriate steps to guard your interests.
Steps in the Illinois Divorce Process
The basic steps in an Illinois divorce include:
Filing the Petition for Dissolution of Marriage
The divorce process in Illinois begins when one spouse files a Petition for Dissolution of Marriage with the Circuit Court in their home county. The petition outlines the request for divorce and states the proposed terms for issues such as property division, child custody, or support. After submitting the petition, the filing spouse must “serve” it to the other spouse, which may involve having a law enforcement officer or court process server deliver the document and make sure the other spouse receives it.
Responding to the Petition
After receiving the divorce petition, the other spouse has the chance to file a written response. This step gives the second spouse the opportunity to agree or disagree with the claims in the petition. If the other spouse does not file a response within 30 days, the court may move forward without that spouse’s input.
Temporary Orders
During the early stages, the court may issue temporary orders to address immediate concerns. These orders can cover custody arrangements, parenting time, child support, spousal support, or possession of the family home. Courts often schedule an initial hearing within a few weeks of the divorce petition, and any temporary orders issued at this hearing usually remain in place until the court issues its final judgment.
Discovery and Information Exchange
Discovery involves exchanging financial documents and other records between spouses. This step helps ensure that both sides clearly understand each other’s income, debts, property, and expenses. The process can include written questions, requests for documents, and depositions. Discovery often takes several months, especially if spouses have complex finances or there are disagreements about property values.
Negotiation or Mediation
Most Illinois divorces involve some form of negotiation or mediation. These alternative dispute resolution methods allow both spouses to resolve their issues without a trial. In fact, many courts require mediation for custody and parenting disputes. While some spouses want to jump straight to a trial, out-of-court negotiations can shorten the overall timeline.
Trial and Final Judgment (if necessary)
If the spouses cannot agree on the terms of their divorce, the case proceeds to trial. A judge oversees the process without a jury and hears evidence and testimony before making a final decision on any unresolved issues. Once the judge issues the final judgment of dissolution, the marriage is legally ended, and the orders become enforceable immediately.
Residency Requirements for Illinois Divorces
You or your spouse must meet specific residency requirements to initiate a divorce in Illinois. At least one of you must have lived in the state for 90 days before the court can grant a divorce. If you have children, the court usually requires that the children live in Illinois for at least six months before it can decide custody or parenting time. Failing to meet these requirements can delay the process, so make sure you understand the rules and talk to a lawyer before filing your petition.
Contact Our Gurnee and Lake County, IL, Divorce Attorneys Now for Legal Assistance
At Gravel & Wechter P.C., we’ve spent over 25 years guiding Lake County residents through divorces and other family law challenges. We’ve handled over 3,000 cases, and that in-depth experience helps us handle any unexpected or unique issues you may face. The sooner you contact us, the more we can do to help you, so call now or complete our contact form for a free consultation.