Illinois Divorce Case Process

Each divorce case is unique, and divorcing spouses will carve out their own paths to ending their marriages with the help of Illinois divorce attorneys. Your attorney should explain to you what you might expect from your specific divorce case, and the following is a general overview of how the divorce case process might go. 

Decide to Get a Divorce

This is a highly personal decision that only you or your spouse can make. There are many considerations that go into this decision, and you should never make it lightly. 

Find the Right Divorce Attorney for You

You can meet with a divorce lawyer and discuss how divorce will impact your life, your rights under Illinois law, and how to protect your interests throughout the divorce process. 

Initiating the Divorce Case

If you are the one who decides to begin the divorce, your attorney will gather all the necessary information from you, prepare your divorce petition, and ensure that your spouse is properly served with the divorce papers in accordance with the law. If your spouse files for divorce, your attorney can respond appropriately to the petition. 

Financial Disclosures

You will need to gather and provide all relevant financial information for your attorney to review. This information is key to issues like property division and support orders. 

Parenting Time and Responsibilities

If you have children, your attorney can help you try to reach an agreement regarding how you will divide time with your children, as well as how you will share parental responsibilities and decision-making authority. Under previous state laws, these concepts were referred to as child custody and visitation.

Discovery

Your attorney will gather all relevant information from your spouse and analyze it to help determine how to best resolve the issues in your case. 

Reaching a Settlement

Many spouses are able to agree on all necessary matters, including child-related issues, property division, and spousal support. If you reach a settlement agreement, your attorney can draft it and submit it for court approval. The court can then incorporate your settlement into your divorce order. 

Going to Trial

If you cannot reach a settlement through negotiation or mediation, you might have to go to trial to resolve one or more issues. Your attorney will discuss and develop a trial strategy and prepare evidence. Your attorney then presents your case to the family court judge, and your spouse’s attorney presents their arguments. The judge will make a final ruling on how to resolve the issues in question. 

Post-Divorce Decree

After the family court judge issues the decree that legally ends your marriage, along with all necessary orders regarding parenting time, spousal support, and property division, you will need to divide your property and assets in accordance with the judgment, as well as begin support payments or make any lump-sum support payments. 

Contact a Family Law Firm about the Divorce Case Process

The divorce process can be complicated, and your divorce may or may not go to trial. You always want an experienced divorce attorney from SAM LAW OFFICE, LLC navigating the process for you and protecting your rights. Contact us for more information today.