This doesn't make the case messy and difficult, it clarifies issues, refines positions, minimizes stress, and makes the case much, much more efficient and quick. You must meet certain requirements before you can be granted a divorce in Illinois. Every time your case is before the judge it will probably be scheduled for another "status date" – usually one month in the future. This article gives you a detailed step-by-step guide on how you can file for a divorce in Illinois. If the parents agree, they submit a single, agreed parenting plan. Your spouse has hired me to represent her and her interests. If you have never been involved in the legal system before, you may be feeling nervous and overwhelmed at the thought of even starting the process. If you accede to a demand only to have your spouse increase the demand, the waltz has started and it will not stop without a judge. Lawyers know how to get stuff done: real estate is appraised, property valued, accounts frozen, expenditures itemized, budgets budgeted, futures planned, etc. You should follow these steps if the divorce is uncontested, that is if both you and your spouse agree on the terms of the divorce. You may have the papers delivered by a sheriff's deputy or a private "process server" but the practice is not routine. etc. at no charge. Illinois law allows for a fast and relatively uncomplicated divorce, provided you fulfill certain requirements. You may think that discovery in a divorce case is a useless waste of time. Prior to this, the state allowed for fault-based divorces that included adultery, abuse and other similar reasons. She has explained that she wishes to resolve this case amicably and hopes you join her in that wish. Wes was able to take over my case and settle all the issues very quickly. A 100% certainty of a so-so deal may well be better than a roll of the dice. Think again. This is called the "discovery phase" and it can take time. The person who files for the petition is called the petitioner, and their spouse is called the defendant or responder. We have years of experience navigating the Illinois DIY divorce process and are happy to lend our assistance in answering any questions you may have. Prospect and Palatine. There are four big reasons to hire a lawyer and file a case before starting settlement talks: The whole time you're talking with your spouse, you'll have a lawyer for advice, guidance, and maybe even some authoritative intervention. The forms you complete may vary from county to county, so it is important that you do some research based on where you live. This can usually be done up until the time when the judge decides a "substantive issue.". You or your spouse can't earn more than $30,000 per year, before taxes, with neither spouse earning more than $20,000 a year, Neither you or your spouse can be financially dependent on the other. Work with your attorney and consider the benefit of a guaranteed settlement that may not have everything you want, but comes close, and balance that against betting everything on a calculated roll of the dice. 750 ILCS 5/411(a) Once your case is filed, you don’t have to tell your spouse and you don't have to serve the papers immediately. If the parties are openly hostile or aggressive towards one another, the couple might not be able to reach an agreement and the process may be futile. If you have chosen to end your marriage, you may feel overwhelmed with the many changes that will need to be made to your life and the legal issues you must address. In Illinois law, a divorce is called a "dissolution of marriage," and the process formally begins when one of the spouses files a Petition for Dissolution of Marriage. Again, talk with your attorney to determine the best way to proceed in your situation. All rights reserved. If they don't agree, they each submit a proposed parenting plan. Illinois is one of the states that recognize legal separation. Then file them with the clerk of the court. Don't leave anything up to chance. My usual answer is "You start by hiring a lawyer. Discovery: Divorce cases, like every other type of lawsuit in the American system of justice, allows for a period of time in which both sides get to learn about the other side's case. Search, Your divorce must be due to "irreconcilable differences;" and. It is free to use. Having a skilled and experienced Illinois divorce attorney can help you navigate this very difficult and confusing time in your life. In Illinois, this is a period of six months. Your divorce is probably the biggest financial event in your life. What is the divorce process in Illinois? (2) restraining both parties from concealing a minor child of either party from the other. The divorce process in Illinois takes a minimum of 90 days due to the waiting period stipulated in Illinois divorce law. The letter suggests that your spouse consult an attorney and respond to the letter. If an agreement is reached, the parenting plan is completed. I hope to hear from you or your attorney, soon. As of January 2016, irreconcilable differences is only reason that can be cited for divorce in the state. I have those in a filing cabinet at home. A divorce in Illinois begins when one spouse files a Petition for Dissolution of Marriage. We do this stuff for a living; day-in, day-out. Basically, the couple needs to formally request a divorce … This period of silence can last only for 30 days. A service is simply the process by which you deliver copies of the documents you filed for your divorce case. Requests to Admit: A "Request to Admit" is a list of "facts" that your lawyer asks the other side to "admit." A court date will be scheduled so that you and your attorney – and your spouse and his or her attorney – can talk with the judge about where things stand and what needs to be done. The divorce process begins when one spouse files a Petition for Dissolution of Marriage. An attorney can be helpful if you and your spouse disagree on the divorce terms, have a significant amount of property or debt to divide, have children, or either of you is seeking spousal support. However, a judge must approve the separation agreement, which defines the spouses' legal rights and obligations. Scroggins v. Scroggins, 327 Ill.App.3d 333, 762 N.E.2d 1195 (4th Dist., 2002). Interrogatories: Interrogatories are written questions that must be answered in writing. The Petition sets forth the issues before the Judge. It may be best to speak to an Illinois divorce attorney, however, if your divorce is more complicated. Then you and your spouse should jointly file the divorce petition in the office of the clerk at the circuit court of your county. Learn more about FindLawâs newsletters, including our terms of use and privacy policy. Your lawyer might also ask the other side to admit the existence, amount, and marital character of certain retirement funds. List of personal property, real estate, and retirement accounts that you and your spouse own (either jointly or separately), List of all the debts you and spouse have (either separately or together). legal process of divorce before you begin can help you avoid common pitfalls that often occur during a divorce.