Aurora Attorney Explains the Illinois Divorce Process

Lawyer Helping Kane County Clients Understand What to Expect During Divorce

When you decide to dissolve your marriage through divorce, you are likely worried about your future, and uncertainty about the steps you must take and the legal requirements you need to meet can make the process even more stressful. Luckily, much of this anxiety can be alleviated by having a knowledgeable, experienced attorney on your side.

At Swearingen Law Offices, we believe in educating our clients about the divorce laws in Illinois, providing them with the knowledge they need to successfully navigate the divorce process. Attorney Brad Swearingen will work personally with you, going over the divorce statutes, explaining how they apply to your unique case, and ensuring that you know what to expect as you work to reach a conclusion to your divorce.

Filing for Divorce

A divorce is initiated when one spouse (the petitioner) files a Petition for Dissolution of Marriage. In Illinois, the only grounds necessary for divorce are irreconcilable differences, so a divorce petition will state that the marriage has irretrievably broken down. The other spouse (the respondent) may contest this, but if spouses have lived separately for at least six months, this will be considered a presumption of irreconcilable differences.

A divorce petition will also include requests for relief in which the petitioner asks the court to decide various issues, including the division of marital property, the allocation of parental responsibility and parenting time, and the payment of child support or spousal maintenance. The petition will be served to the respondent, who must file a court appearance and response to the petition within 30 days. Failure to do so may result in a judge finding in the petitioner's favor and granting their requests for relief.

Discovery and Negotiation

After the petition and response have been filed, spouses are required to exchange financial information with each other, detailing their income, assets, and debts. The spouses and their attorneys may request additional information from each other, and these requests must be answered truthfully and completely.

As the divorce proceeds, the spouses can work to reach an agreement on the legal issues that must be settled, either through communication between themselves and their attorneys or through mediation. During this time, each spouse may petition the court for temporary relief, asking the judge to decide how certain issues will be handled while the divorce is ongoing. If these requests are granted, they will be placed in a court order that both spouses will be required to follow until the divorce has been finalized.

Settlement or Trial

If spouses are able to reach an agreement on the outstanding issues in their divorce, they will set down the final resolution in a Marital Settlement Agreement, and if they have children, they will also create a Parenting Plan describing the allocation of parental responsibility and parenting time. A prove-up hearing will be held in which these documents will be entered into court records, finalizing the divorce.

If spouses are unable to agree on any issues, their case will proceed to trial, during which each party can make arguments, call witnesses, and present evidence. The judge will decide how to resolve the outstanding issues, setting down the resolution to these issues in a final divorce judgment.

Contact a Kane County Divorce Lawyer

By understanding what to expect during the divorce process, you can avoid uncertainty and be prepared to meet your legal requirements as you work to reach a resolution. At Swearingen Law Offices, we will guide you through each step of your divorce, protecting your rights and advocating for your interests. Contact an Aurora divorce attorney at 630-820-8877 to schedule a consultation. We serve clients in Batavia, Montgomery, Naperville, and throughout Kane, DuPage, and Kendall Counties.