What You Need to Know About the Divorce Process in Illinois

 Posted on December 27, 2024 in Divorce

 What You Need to Know About the Divorce Process in Illinois

Divorce is a reality that affects many couples in Illinois. While couples who get married usually intend to stay together for the rest of their lives, a marriage can fall apart for a variety of reasons. In some cases, disagreements about money or other issues can result in the end of a relationship, while in others, a couple may have children and find that they are unable to put enough energy toward their relationship while also managing parental responsibilities.

Even if a couple has the best intentions, they may find that they simply are not compatible. Regardless of the reasons for the end of a marriage, there are certain steps that will need to be followed during the divorce process, and understanding these procedures can help anyone in this situation navigate a divorce successfully with the help of an Illinois divorce attorney.

Introduction to Divorce in Illinois

When approaching the divorce process, it can be difficult to separate emotions from the legal, financial, and practical issues that need to be addressed. The stress involved in ending a relationship that was meant to be permanent, dividing money and property, changing schedules and living arrangements, and ironing out all of the other details of ending a marriage can be hard enough on its own.

However, this process can become even more difficult when also dealing with sadness, anger, betrayal, guilt, or other emotional issues. For parents, adding the many child-related issues that need to be addressed can make things even more difficult. With everything that will need to be considered, the divorce process can seem like a series of obstacles that feel impossible to surmount.

Fortunately, if you are in this situation, you do not have to go through the divorce process alone. With the right divorce lawyer on your side, you can understand the legal concerns that will affect you and the methods you and your spouse may be able to use to resolve disputes and reach agreements.

At Weiss-Kunz & Oliver, LLC, we understand the difficulties you are facing, and we are here to guide you through the divorce process, sharing our knowledge and providing valuable advice while also representing you in negotiations and court proceedings and working to help you achieve the best possible outcome in your case. We will walk you through each step of an Illinois divorce.

Getting Ready to File for Divorce

The divorce process officially begins when one spouse files a divorce petition in their local county court. However, in many cases, couples begin the process of separating from each other prior to initiating a legal divorce case. If you are considering divorce or planning to file a divorce petition, it is important to understand the steps you may want to take to protect your rights and interests.

Since issues related to property and finances will be some of the most important factors in your divorce, it is a good idea to gather as much information as possible about your family's finances. The following documents are a good start: 

• Bank account statements 

• Credit card statements 

• Mortgage statements

• Pay stub

• Tax returns

• Investment account and pension statements 

While you may begin taking steps to separate your finances from your spouse, such as by opening a separate bank account where you will deposit your paychecks, you should avoid any attempts to hide money, property, or financial information from your spouse, since this could lead to legal issues during the divorce process. Likewise, do not give your money or valuables away as "gifts" to friends or family so you can get them back after the divorce. This could be considered asset dissipation and is treated very seriously by divorce courts.

Deciding When to Move Out

If you are thinking about moving out of your family home, you may want to wait to do so until you have begun the divorce process, or even until your divorce has been finalized. If you no longer live in the home, this may give your spouse a stronger ownership claim over this valuable piece of property, making it more difficult for you to negotiate a favorable property settlement. Living away from your children could also affect decisions about child custody due to the fact that you will be less involved in their daily lives.

Filing a Divorce Petition

Once you are ready to proceed with legally ending your marriage, either you or your spouse can file a Petition for Dissolution of Marriage. This petition can be filed in the circuit court of the county where either party lives. You must have lived in the state of Illinois for at least 90 days before filing for divorce, and you will usually also be required to live in the county where your divorce petition was filed for 90 days.

A divorce petition will state that a spouse is seeking to dissolve a marriage due to "irreconcilable differences." While Illinois law previously allowed spouses to state reasons they wished to get divorced (known as "grounds for divorce"), it now only recognizes irreconcilable differences as valid grounds for divorce.

This means that a spouse claims that the marriage has broken down beyond repair, that all attempts to fix the relationship have failed, and that it would not be in the best interests of the spouses or other family members to attempt to reconcile. By avoiding fault-based grounds for divorce that lay the blame for the failure of the marriage on one party, the law is meant to help spouses move forward as they separate their lives rather than focusing on the past.

After a divorce petition is filed, it will then be served to the other spouse. This is typically done by a process server, who will provide the responding spouse with a written copy of the petition and have them sign a statement saying that they received it. The other spouse will then have 30 days to file a response. They may simply file a court appearance acknowledging that they received the divorce petition, or they may file a response or counter-petition answering the issues raised in the petition filed by the other spouse.

A divorce petition will include some requests for relief. A response or counter-petition filed by the respondent may also include these types of requests, which will address certain issues that will be handled during the divorce process. For example, either spouse may ask to keep certain pieces of property or may ask for the other party to pay financial support. Issues related to child custody may also be addressed, and either spouse may suggest a custody schedule to determine where your children will live during the divorce process and when they will spend time with each parent.

After a divorce petition and response are filed, an initial hearing will be held where a judge will address the requests for relief and make decisions about how matters will be handled during the divorce process. Orders for temporary arrangements will then be issued, and they may remain in place until the divorce has been finalized. If the responding spouse fails to file a court appearance or response and does not appear at this hearing, the judge may issue a default judgment and grant the petitioner's requests for relief.

Deciding When to File For Divorce

Whether or not you should file for divorce first is something that many people understandably want to know. Filing for divorce first does not matter in every case, but it can have some advantages, including: 

• Choosing the venue – Certain counties and judges have a reputation for ruling in certain ways on certain issues. You may want to choose a venue more likely to be favorable to your requests, or that is closer to you for reasons of convenience.

• Setting the tone – Filing for divorce first allows you to set the tone of the divorce by starting with your maximalist negotiating position. Although you will probably have to compromise with your spouse, negotiating from a place of strength rather than having to respond to a petition can give you the upper hand and allow you to set expectations.

• Avoiding surprise – Practically speaking, filing for divorce first means you will not be surprised by an unexpected divorce petition from your spouse.

The Discovery Process

Once the divorce process begins in earnest, you and your spouse will exchange information with each other to ensure that you have a complete understanding of your financial situation, the property you own, the debts you owe, and any other issues that will need to be addressed in order to end your marriage. This stage is called discovery. Your attorney can help you determine what methods to use to gain information and how to respond to requests from your spouse and their lawyer.

Some common methods of getting information during discovery include:

• Interrogatories: requests to answer questions about financial issues or other details

• Admissions of fact: requests to confirm certain pieces of information

• Requests for production of financial documents or other information

• Depositions: you or your spouse will answer questions under oath

• Subpoenas: formal requests from the court requiring other parties, such as financial institutions, to produce information

Settlement Negotiations

Most of the time, you and your spouse will be encouraged to work together to negotiate agreements on issues related to your divorce. These negotiations may be performed through conversations, in-person meetings, or, if you and your spouse struggle to talk without fighting, communication between your attorneys.

Mediation can also be a beneficial method of reaching agreements. Mediation allows spouses to work together with a neutral mediator and their attorneys to address outstanding issues and create a settlement that both spouses agree on.

Collaborative divorce may be another option in which spouses, along with their attorneys and a supportive team of people committed to amicably ending the divorce, work to negotiate agreements without the need to handle issues in court.

Whatever method you use, as you negotiate a divorce settlement, you will need to address issues such as:

Property Division 

All marital property you own will need to be divided between spouses. Illinois law states that property should be divided fairly and equitably, but a 50/50 split is not required. If spouses own complex assets such as a family business, retirement benefits, or trusts and estates, they may need assistance from financial experts to ensure that everybody understands the benefits and drawbacks of owning different assets, the tax consequences of possible settlements, and the best ways to protect the financial interests of both parties.

Spousal Support 

If one spouse has relied on the other spouse's income to provide for the family's financial needs and will be unable to fully support themselves, that spouse may ask for alimony, known in Illinois as spousal support, during and following the divorce. Support paid by one spouse to the other may be awarded based on several factors, including the amount of time a couple was married, the income earned by each party, the potential earning capacity of a spouse who is currently unemployed or is working part-time, and the standard of living that was established during the marriage.

Child Custody 

If the spouses share children, the divorce decree will need to include a parenting plan that fully details how spouses will share custody. This will include decision-making authority, which is referred to in Illinois law as the "allocation of parental responsibilities," and visitation, which is known as parenting time. Depending on how parenting time is divided, one spouse may either pay or receive child support to ensure that the children's ongoing needs will be met.

Child Support

Child support is typically decided according to the "income shares" model, which takes both parents’ incomes into account based on the principle that both parents are responsible for financially providing for their children. Depending on the amount of time each child spends with each parent, and how much money each parent makes relative to the total combined income of both parents, child custody is decided according to a formula.

However, other factors can increase the amount of child support one parent pays to the other, including: 

• The need for nannies, daycare, after-school care, or other childcare 

• A child with special educational or healthcare needs

• Special transportation requirements if one or both parents are not available to move the children between school or each other’s homes 

• Extracurricular activities

• Private educational expenses 

"Prove-Up" Hearing

Once a settlement has been created, both spouses will appear in court for a "prove-up" hearing in which the proposed divorce settlement is proposed to the judge. If the judge has no problems with the settlement, a divorce decree will be issued, and the marriage will be legally dissolved.

Divorce Litigation

If there are any issues that cannot be resolved through negotiations, a divorce case may proceed to trial. This is often a last resort, and since trials are time-consuming and expensive, judges encourage spouses to resolve matters through negotiations or mediation whenever possible.

If a trial is necessary, both spouses’ attorneys will meet with the judge in a pre-trial conference to discuss the issues that need to be addressed. The judge may offer some suggestions on how the outstanding issues may be resolved. If agreements still cannot be reached, a trial will then be held.

During the trial, each party will make arguments and present evidence. They may also call and question witnesses and will have the opportunity to cross-examine each other’s witnesses. After reviewing all information presented during the trial, the judge will make final decisions about all outstanding issues, and a divorce judgment will be issued.

Still Have Questions or Ready to File? Contact Our DuPage County, IL Divorce Lawyers

At Weiss-Kunz & Oliver, LLC, we strive to provide our clients with effective representation from the beginning to the end of the divorce process. We provide guidance on how you will be affected by Illinois' divorce laws, the steps you can take to protect your rights, and the best options for resolving disputes with your spouse.

We are a small firm with big resources. We provide boutique services and careful attention to every case, while providing our clients with the connections and tools to succeed in their case.

To learn more about how we can help you complete your divorce successfully, contact our Elmhurst, IL divorce attorneys at 312-605-4041 and arrange a consultation.