What are the steps involved in a divorce process in Illinois, and how long does it usually take to finalize?

Divorce in Illinois

Divorce is the legal process of ending a marriage. In Illinois, the divorce process typically involves the following steps:

1. Filing a Petition for Dissolution of Marriage: To initiate the divorce process, one spouse must file a Petition for Dissolution of Marriage. The petition must be filed in the county where either spouse has been a resident for at least 90 days.
2. Service of Process: The other spouse must be served with a copy of the petition and a summons. The summons informs the other spouse of their right to respond to the petition and sets forth the time frame in which they must do so.
3. Response: The other spouse has 30 days to file a response to the petition. If a response is not filed within this time frame, the court may enter a default judgment of dissolution.
4. Discovery: Both spouses must disclose all assets, debts, income, and expenses to each other. This process is known as discovery and can be done informally or through formal discovery procedures such as interrogatories, requests for production of documents, and depositions.
5. Negotiation or Mediation: If the spouses are able to reach an agreement on the issues related to the divorce such as property division, spousal support, and child custody and support, then they may enter into a Marital Settlement Agreement.
6. Court Hearings: If the spouses are unable to reach an agreement on the issues of the divorce, the court may schedule a hearing to make decisions on behalf of the parties.
7. Final Judgment of Dissolution: Once all the issues have been resolved either through agreement or court order, the court will issue a final judgment of dissolution. This judgment will legally terminate the marriage.

The time it takes to finalize a divorce in Illinois depends on many factors such as the complexity of the issues involved, the willingness of the parties to negotiate, and the court's docket. In general, an uncontested divorce where the parties have reached an agreement may take as little as a few weeks to a few months to finalize. However, a contested divorce can take many months or even years to resolve.

It is important to note that this information is provided for general informational purposes only and should not be relied upon as a substitute for legal advice from a licensed attorney. If you are considering filing for divorce or have been served with divorce papers, it is recommended that you seek the advice of an experienced family law attorney.