Let's Talk About Divorce

If you are considering divorce, you might be feeling scared and confused, not knowing where to start. No two families are the same, and no two divorces are the same.  There are a few things that anyone considering a divorce should know.

1. Illinois is a "No Fault State." This means that either spouse can file for divorce if "irreconcilable differences" have arisen and as a result the marriage is now "irretrievably broken."

2. Filing a Case. A case begins when a Petition for Dissolution of Marriage and Summons are filed with the Clerk in the county where you reside. The other party must then be served and has 30 days to file their appearance or retain an attorney to do so on their behalf.

3. Information Exchange. Transparency in a divorce is key to making a full and fair agreement. The discovery process allows a litigant to dive into the other party's relevant information in the divorce including financial documents and parenting related documents. This process can be done formally or informally depending on the needs and desires of the parties. 

4. Mediation. Illinois requires parties to attempt mediation on all parenting related issues prior to litigation, with few exceptions.

5. Temporary Orders. Prior to reaching a final agreement or the entry of a final Judgment by the Court, you may need guidance on how to move forward in your divorce. These are temporary orders and they can be entered by agreement or after a hearing with a Judge.

6. Division of Assets. Illinois is an equitable distribution state. This means that the Court divides assets (and liabilities) equitably, which is not necessarily equally. 

What you might realize is that you do not need the Court's help in reaching a resolution. Remember there are no winners or losers in family court, and an agreement that two parties can come two where both parties have full access to all information can be the best outcome. You may find that mediation or collaborative divorce are the best ways to reach a conclusion, and we're here to help you get there.  

There are times when divorcing couples are not able to come to an agreement on divorce, allocation of parental responsibilities, or other issues and the structure of litigation is necessary. A divorce trial does not include a jury. A judge will hear testimony and review all evidence and make a determination on any disputed issues, such as, parenting time, decision making, child support, maintenance, the division of assets, and liabilities. 

If you're ready to talk about divorce and the best approach for you and your family reach out and schedule your free 15 minute phone call with our team.