What is the Divorce Process in Illinois?

Divorce (or also commonly known as dissolution under Illinois law) is the process by which the marriage between a couple is terminated. With a divorce comes understanding the responsibilities both parties must take when dealing with children, financial assets, and a division of debt and property. Ultimately if there is no consensus from either party, a judge will make the decision based on the situation. At Spagnuolo Family Law, our divorce attorney is always on your side aiding in achieving the best result for your outcome. This guide will help you better assess your situation and prepare you for your next steps in the divorce process.

Understanding Divorce Laws in Illinois

In order to file for divorce in Illinois in counties such as DuPage, Cook, Kane and more, at least one spouse must live in the state. The residency requirement is 90 days before filing. After that is met, then the legal process can begin.

Filing for Divorce in Illinois

The process begins by having one spouse file the petition called Petition for Dissolution of Marriage. This filing is usually done with the circuit court in respective county. Upon filing, it is mandatory to legally notify the other spouse, which is called service of process. When they are notified, the recipient also has to answer on their behalf. At this time, it’s best to work with a divorce attorney directly as it can help mitigate delays and confusion on what to do next.

Temporary Orders and Immediate Concerns

Temporary orders are court-issued documents that help establish concerns such as child support, custody, and other issues during the process of filing for a divorce. This helps to provide stability in the case right away so that neither of the parties are being hindered by finances, housing, and the child’s needs until a judgement is made. Some of these temporary orders may include:

• • A spouse paying mortgage or rent
  • A spouse being restricted from access certain accounts
  • Parenting time and child support payments

It is advised to create clear documentation that will help support your claims when taking it to court, as these measures affect daily life and are taken seriously.

Property Division in a Divorce

Illinois follows equitable distribution, not equal distribution. This means marital property is divided fairly, not necessarily evenly. Judges consider several factors before making decisions. Factors include:

• • Length of the marriage
  • Contributions made by each spouse
  • Income and earning capacity
  • Custodial responsibilities
  • Existing agreements, like prenuptial agreements

Only marital property is divided during divorce. Non-marital property usually remains with the original owner. However, disputes often arise when assets are mixed.

When determining what is fair, courts consider each party’s contributions toward acquiring the property. They also review each person’s financial situation and future ability to acquire assets. The court may consider if a party utilized marital income for non-marital purposes, the length of the marriage, and the provisions for any children from the marriage, to determine a just distribution of property and debts.

How Long Does Divorce Take in Illinois?

The divorce timeline can vary based on the complexity of the situation. Illinois does require a six-month waiting period from separation, however, many cases take longer.

Uncontested divorces may finalize after several months, whereas contested divorces of take up to a year. It all depends on how much both spouses agree on the terms with one another. Court scheduling and disputes between the parties can further delay this, which is why communication with your attorney can help speed the case up.

Final Steps in Completing a Divorce Process in Illinois

The divorce is official when the judge signs that Judgement of Dissolution of Marriage. The document outlines that both spouses understand the agreements and responsibilities laid out and are prepared to move forward. The judgement usually includes:

• • Property and division of debt
  • Child custody and allotted parenting time
  • Child support from both parents
  • Spousal support and alimony

Implementing the Final Orders

Once you are out of the courtrooms and ready to proceed with the steps, it’s time to take action. Sometimes, you may have to follow-up outside of the courtroom to get all your necessary requirements met. This can include:

• • Transferring property or car titles
  • Listing your property for sale
  • Making updates to beneficiary records
  • Adjusting payment methods and more.

Be sure to rely on Spagnuolo Family Law to help lay out everything so that you won’t have to guess what to do next. We are here to help you go through this tough process with confidence and assurance.

FAQ About Illinois Divorce Process