Divorce in Illinois, legally termed "dissolution of marriage," is a no-fault process that ends a marital union. Either spouse can initiate the process by citing "irreconcilable differences." To file, at least one spouse must have resided in Illinois for 90 days prior. Key issues typically include property division, spousal maintenance, and child custody and support. While possible to navigate alone, many seek legal representation to ensure their rights are protected throughout this complex process.
Expanded Definition, Requirements, and Process
In Illinois, divorce is officially known as "dissolution of marriage." It's a legal process that terminates a marriage contract between two individuals. Illinois operates under a "no-fault" system, meaning neither party needs to prove wrongdoing by the other to obtain a divorce.
Requirements:
- Residency: At least one spouse must have been an Illinois resident for a minimum of 90 days before filing.
- Grounds: The only ground for divorce in Illinois is "irreconcilable differences," indicating the marriage has irretrievably broken down.
- Waiting Period: If both parties agree, there's no waiting period. If one party objects, a 6-month separation period is required before the court will grant the divorce.
How to Obtain a Divorce:
1. File a Petition: The process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage with the circuit court in the county where either spouse resides.
2. Serve Papers: The other spouse (the respondent) must be formally served with the divorce papers.
3. Response: The respondent has 30 days to file a response to the petition.
4. Financial Disclosure: Both parties must complete a financial affidavit disclosing all assets, debts, income, and expenses.
5. Negotiation: Couples often negotiate terms of their divorce, including property division, spousal support, and child-related issues, either directly or through mediation.
6. Settlement or Trial: If an agreement is reached, it's presented to the court for approval. If not, the case proceeds to trial where a judge will make decisions on unresolved issues.
7. Judgment: Once all issues are resolved, the court issues a final judgment of dissolution of marriage.
Typical Legal Process for a Lawyer Representing a Divorce Client
1. Initial Consultation: The lawyer meets with the client to understand their situation, explain the divorce process, and discuss potential outcomes
2. Case Evaluation: The attorney reviews all relevant documents and information to assess the strengths and weaknesses of the case.
3. Filing or Responding: Depending on whether the client is the petitioner or respondent, the lawyer either files the petition or responds to it within the required timeframe.
4. Discovery: The attorney conducts thorough discovery, including requesting documents, issuing subpoenas if necessary, and potentially taking depositions to gather all relevant information.
5. Temporary Orders: If needed, the lawyer may seek temporary orders for issues like child custody or spousal support during the pendency of the divorce.
6. Negotiation: The attorney engages in negotiations with the opposing counsel to try to reach a fair settlement on all issues.
7. Mediation: If direct negotiations are unsuccessful, the lawyer represents the client in mediation sessions.
8. Trial Preparation: If a settlement can't be reached, the attorney prepares for trial, including gathering evidence, preparing witnesses, and crafting legal arguments.
9. Trial: The lawyer presents the client's case in court, including examining witnesses, presenting evidence, and making legal arguments.
10. Post-Trial: After the judgment is entered, the attorney ensures it's properly executed and, if necessary, handles any appeals or enforcement issues.
Throughout this process, the lawyer advises the client on their rights and options, ensures all legal requirements are met, and advocates for the client's interests in all negotiations and court proceedings.
