Divorce - Understanding the Process

Understanding the divorce process and requirements will help you prepare for your divorce.  It is important to understand that the judicial system has many rules and procedures to be followed.  An experienced family law attorney will know how best to navigate this system and guide you through. Because every family situation is unique, you should consult with an attorney personally for a more tailored assessment of what your case may entail.  Below is an outline of some of the more common elements in a divorce in the state of Illinois.

• Petition for Dissolution of Marriage.  This is the first pleading filed in a divorce case. This document formally sets out the basic facts in the case and asks the Court to grant you a divorce. If you and your spouse have children, this document will also contain basic information regarding your children. If you have been served with a Petition for Dissolution of Marriage, you should contact an attorney immediately about protecting your rights regarding your children and property.  You have a limited amount of time to answer the Petition from the date you were served, and it takes time to hire an attorney, prepare the answer, and file it with the court.
• Answer and Counter-Petition for Dissolution of Marriage.  The Answer may include a Counter-Petition for Dissolution of Marriage.  The Answer portion of this pleading sets forth your responses to each of your spouse's allegations in the Petition for Dissolution. A Counter-Petition sets forth your allegations relation to the divorce.
• Mandatory Parenting Classes.  All parents of children under 18 must complete an on-linie court-authorized parent education program. Each county has its own parenting class parents must complete.  For more information on the parenting class requirements for DuPage, Will and Cook Counties, click the links below:
  • ​​DuPage County - Parenting Class Information
  • Will County - Project Protect Parenting Class
• Mediation to Determine Parenting Time and Rights. For parents who cannot agree on the allocation of parenting time and responsibilities, relocation of the children and other non-child support issues related to their children, before going to a hearing or trial, Illinois law mandates parents attend mediation in an attempt to resolve their differences. The mediation process is also designed to help parents solve issues that may arise during the divorce process.
• Financial Mediation.  Using a mediator to help reach an agreement regarding financial issues is becoming increasingly popular in Illinois. Using an impartial mediator may be less stressful and reduce the amount of contentious litigation that surrounds financial issues. Financial mediation is not mandatory in Illinois, however. Both parties must agree to participate.
• Hearings on Temporary Matters.  If you and your spouse can agree about how your finances and children's issues are to be managed during the divorce process, there is no need for the judge to be invovled. However, if you cannot agree, you can ask for and receive court orders regarding your finances, home, and the children while the divorce is pending. 
• Discovery. Discovery is the legal process by which you discover and disclose the assets, liabilities, income and expenses of your marriage. In Illinois, each spouse must complete a FINANCIAL AFFIDAVIT listing all income, expenses, assets and liabilities under oath. The discovery process may also include written discovery, subpoenas issued for documents, or deposition testimony.
• Settlement Negotiations.  Typically, once the discovery process has been completed and you and your attorney have an understanding of all of the issues, facts and figures in your case, settlement negotiations can begin.  If you and your spouse agree on all issues, then you can finalize your divorce. If you cannot agree, then you go on to request a settlement conference with the judge.
• Settlement Conference.  During a settlement conference, the judge and the lawyers review the issues and evidence in the case.  The judge will then make recommendations to encourage both parties to settle the case short of a trial..
• Trial.  If no agreement can be reached, a trial will be scheduled.  After the trial, the judge will issue a ruling dividing your assets and liabilities as well as your parenting rights and time.
• Judgment for Dissolution of Marriage. This is the court order containing the final terms of your divorce signed by the judge granting you a divorce.