Stages of an Illinois Divorce Case

Although we are not a place to find a free Illinois divorce lawyer, we are attorneys who will talk with you for free, answer your questions and if needed recommend an independent attorney that we feel would be a good fit for you. If you want our opinion you can contact us at any time. For an overview of the path of a typical Illinois divorce please read on.

Filing a Complaint or Summons
In order to get a divorce in Illinois, either you or your spouse must have lived in Illinois for 90 days before filing for divorce. For your divorce case to determine custody of your children, the children must have lived in Illinois for at least 6 months before you file for divorce.

To begin divorce proceedings, one of the parties must file a petition for dissolution of marriage in an Illinois courthouse or through an attorney. The other party has the option to counter-petition if he disagrees with the divorce grounds. The spouse filing the complaint or summons is called the plaintiff or the petitioner, and the spouse receiving the complaint or summons is called the defendant or respondent.

Grounds are the reason you are getting a divorce and is necessary to file a complaint or summons. There are many grounds listed in Illinois law, and you can get a divorce under any of those grounds so long as you can prove them. The most common grounds for divorce in Illinois, and easiest to prove, are: mental cruelty, physical cruelty, and irreconcilable differences.

To prove mental cruelty you must describe repeated behavior by your spouse that made you feel upset, sad or nervous and show that you did nothing to make your spouse treat you that way.

To prove physical cruelty you must describe repeated acts of violence by your spouse towards you and show that you did nothing to cause your spouse to act that way.

To prove irreconcilable differences, also known as “no-fault” divorce, you must be separated from your spouse for at least 6 months or 2 years (depending on whether or not children are involved), and state that you both have made all efforts to try to work out your problems, but your marriage cannot be saved.

Pretrial Orders
These are formal requests to the court, filed by the plaintiff’s attorney, to order some type of action before the trial, such as temporary child support or, in situations involving domestic abuse, some type of restraining order. A judge will make the decision regarding these motions. Such decisions can be subject to change and do not always influence the final outcome of the divorce settlement.

The Discovery Procedure
This phase of the proceeding is where each side gathers information in support of their arguments. Discovery procedures commonly used in divorce cases include depositions, subpoenas, interrogatories and review of financial documents by accounting experts. If the assets and debts of the marriage are readily ascertainable and agreed on by the parties, they may choose to waive formal discovery. However, if either party disagrees with their spouse's estimate of value or the amount of debt attributable to each party, formal discovery is necessary and will be undertaken.

Negotiations
When the value of the marital estate is determined, negotiations for settlement may begin. Sometimes an agreement regarding division of the marital estate and issues related to child custody can be achieved quickly and easily between the parties. If a settlement can be made out of court, a potentially costly trial can be avoided.

The Pretrial Hearing
If the parties are unable to reach an agreement, the attorneys may choose to submit the issues in controversy to the judge during a pretrial hearing. Both attorneys present their respective positions to the judge and the judge makes recommendations for settlement, indicating how he or she would rule on certain issues if presented at trial. The pretrial hearing is often the best motivation for reaching a final settlement of your case without preparing for a full trial.

The Trial
In the event an agreement cannot be reached through negotiation or pretrial hearing, the matter is set for trial. Trials range in duration from one day to several weeks, depending on the nature and complexity of the issues involved in your case.

If you have any questions about the divorce process in Illinois or would like an attorney referral please contact us at any time. All calls are free and confidential.