The Divorce Process in DuPage County, IL
What Happens Next?
Making the decision to divorce is difficult, and most people want to get the process over with as soon as possible. If you and your spouse can agree on important aspects such as custody, property division and spousal support, then your divorce may take just a few months. However, if it is highly contested, a divorce can span a number of years and be costly.
The DuPage County divorce attorneys at Andrew Cores Family Law Group, have assisted hundreds of people in Illinois with their divorce. We understand that you may wish to complete your divorce quickly; however, that is not possible in every situation because your interests must be protected. We will evaluate your case and help you decide how to proceed.
Divorce Procedures in Illinois
The first step in the process is to file a Petition in court. Your attorney will prepare and file the Petition for you. When the Petition is filed, the Court will automatically generate an initial court date, which will be approximately 90 days from the date you filed. After your Petition has been filed you may decide to hand deliver the paperwork to your spouse; or you may decide to have your spouse served via the Sheriff or a special process server. Once your spouse has been served, your spouse must file his or her appearance and respond within 30 days of receiving the Petition. If your spouse fails to respond after being served, you may be able to obtain a default divorce against your spouse.
The state of Illinois requires that your Petition for divorce be filed on the "no-fault" grounds of irreconcilable differences. Recent changes to the law eliminated grounds of fault, including adultery, bigamy, desertion, mental or physical cruelty, drug or alcohol problems of at least two years, and conviction of a felony as the basis for a divorce.
While the divorce is in process, either spouse may file for temporary relief. Some temporary relief issues include parenting time schedules, spousal support, child support, contribution to household expenses and exclusive possession of the marital home. Our attorneys routinely prepare and defend such pleadings, and we can assist you in dealing with any temporary issue that may arise during your divorce proceedings.
One important aspect of a divorce is factual discovery. Factual discovery is the process that allows you to investigate the financial resources of your spouse to determine all assets and liabilities that must be divided. Factual discovery also allows you to investigate non-financial related issues related to your divorce including issues regarding arrangement for children. This discovery of evidence can take months to complete. Each circuit court sets deadlines for the discovery process. In high net-worth divorces, part of the discovery process may include finding hidden assets and valuing them; valuing stock portfolios, investment accounts and retirement accounts; and valuing closely held businesses. Each side may also take depositions from any person who may have information about the case.
Throughout the divorce process, we will seek peaceful resolutions through negotiations and mediation. However, if the parties are unable to reach a settlement, then the divorce will proceed to a trial. There is no jury in a divorce trial. A judge will decide outcome of issues including:
- Division of marital property
- Spousal support
- Child custody and parental responsibilities
- Child support
If your case goes to trial, you can rely on our skill as trial lawyers. Our skilled attorneys will take the necessary steps to ensure that you are prepared for trial. We will do the necessary investigation and meet with you throughout the process to keep you informed and involved in the entire process. To make an appointment for a comprehensive legal consultation at our DuPage County, Cook County, and Kendall County offices, please call 630-871-1002 or contact us online.