What Are The Stages Of Divorce In Illinois
As a divorce attorney in Chicago, I’ve guided countless clients through the emotional and legal process of ending a marriage under Illinois law. Divorce can be one of the most challenging times in your life, but understanding the legal stages can help you feel more informed and prepared for what lies ahead. Illinois follows specific statutes that govern the filing, handling, and resolution of divorce cases. Whether your case is straightforward or complex, every divorce in Illinois generally passes through several key stages: filing, response, discovery, settlement or trial, and final judgment.
Filing For Divorce In Illinois
The divorce process begins when one spouse files a Petition for Dissolution of Marriage under 750 ILCS 5/401(a) of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This statute provides that a divorce may be granted on the grounds of irreconcilable differences, meaning the marriage has irretrievably broken down and efforts at reconciliation have failed. Illinois is a no-fault divorce state, so there is no need to prove misconduct such as adultery or cruelty.
The petition is filed in the circuit court of the county where either spouse resides, such as Cook County for Schaumburg residents. Once filed, the petition must be properly served on the other spouse, initiating the case. Filing sets the legal process in motion and begins the court’s jurisdiction over your marriage and property issues.
Responding To The Petition
Once served, the other spouse, known as the respondent, has 30 days to file a response with the court under 750 ILCS 5/411. The response allows the other spouse to agree, contest, or raise their own claims regarding property division, child custody, or support. If no response is filed, the petitioner may request a default judgment, allowing the case to move forward without the respondent’s input.
At this stage, temporary orders may be requested under 750 ILCS 5/501, covering issues such as child custody, spousal maintenance, or the use of the marital home while the divorce is pending. These orders remain in place until the court issues a final judgment.
The Discovery Phase
Discovery is one of the most critical stages in an Illinois divorce. Under Illinois Supreme Court Rules 213 and 214, both parties are required to exchange financial and personal information to ensure full transparency. This may include tax returns, bank statements, pay stubs, real estate documents, and retirement account records.
In contested divorces, discovery helps uncover hidden assets or income that may affect property division or support calculations. Illinois law requires both spouses to file a financial affidavit—a sworn statement detailing income, expenses, assets, and debts. Failing to disclose information accurately can lead to court sanctions or an unfavorable ruling.
Negotiation And Settlement
Most Illinois divorces are resolved through negotiation and settlement rather than trial. Under 750 ILCS 5/502, spouses may enter into a Marital Settlement Agreement (MSA) that outlines how property, debts, custody, and support will be handled. The agreement must be fair and approved by the court.
If both spouses can reach a resolution, the process is faster, less expensive, and less stressful. The court may also order mediation under 750 ILCS 5/602.10 for disputes involving children. In mediation, a neutral mediator helps the parties reach a mutually acceptable agreement. I always encourage my clients to consider settlement options before going to trial, as it gives them more control over the outcome.
Trial And Final Judgment
When a settlement cannot be reached, the case proceeds to trial. During the trial, both sides present evidence and testimony before a judge. The court will decide on all unresolved issues, including the division of property under 750 ILCS 5/503, spousal maintenance under 750 ILCS 5/504, and parental responsibilities under 750 ILCS 5/602.5.
Once all issues are resolved, the judge enters a Judgment for Dissolution of Marriage. This document officially terminates the marriage and outlines each party’s rights and obligations. After the judgment, both parties must comply with the terms regarding property division, support payments, and parenting time.
Post-Divorce Modifications And Enforcement
Even after a divorce is finalized, circumstances may change. Under 750 ILCS 5/510, a party may request modification of child support, spousal maintenance, or parenting time if there is a substantial change in circumstances. For example, job loss, relocation, or a significant change in income may justify a modification.
If one party fails to comply with the judgment, enforcement actions can be taken. This may include wage garnishment, contempt proceedings, or property liens to ensure court orders are followed.
Why Legal Guidance Matters
Each divorce case in Illinois involves unique facts and emotions. Having an experienced attorney ensures that your rights are protected and that all statutory requirements are met. Whether the case involves high-value assets, children, or complex financial issues, legal representation can mean the difference between an uncertain outcome and a fair resolution.
Frequently Asked Questions About Divorce In Illinois
What Are The Legal Grounds For Divorce In Illinois?
Under 750 ILCS 5/401, Illinois allows divorce based solely on irreconcilable differences. This means that the marriage has broken down beyond repair, and efforts to reconcile have failed. The parties must live separate and apart for at least six months before the court will finalize the divorce. There are no fault-based grounds such as adultery or abandonment.
How Is Property Divided In An Illinois Divorce?
Illinois follows equitable distribution under 750 ILCS 5/503, which means property is divided fairly, not necessarily equally. The court considers factors such as each spouse’s contribution to the marriage, earning capacity, and future financial needs. Marital property includes all assets and debts acquired during the marriage, while non-marital property—such as gifts or inheritances—typically remains with the original owner.
How Does The Court Decide Child Custody?
Illinois law refers to custody as parental responsibilities under 750 ILCS 5/602.5. The court evaluates the child’s best interests, considering factors like the parents’ cooperation, stability, and ability to meet the child’s needs. Courts often favor arrangements that encourage ongoing involvement from both parents, unless doing so would harm the child’s well-being.
Can I Receive Or Be Ordered To Pay Spousal Support?
Yes. Under 750 ILCS 5/504, the court may award maintenance (spousal support) based on the duration of the marriage, each spouse’s income, and the standard of living established during the marriage. Illinois uses statutory formulas to calculate maintenance, but judges have discretion depending on individual circumstances.
How Long Does A Divorce Take In Illinois?
The timeline varies depending on whether the divorce is contested or uncontested. Uncontested divorces may take a few months, while contested cases involving disputes over property or custody can last a year or longer. The court’s docket and cooperation between spouses also influence timing.
Do I Have To Go To Court If We Agree On Everything?
In uncontested cases, you may only need to attend one brief court hearing for the judge to review and approve your settlement. If your attorney prepares all documents correctly under 750 ILCS 5/502, and both parties agree, the process is typically quick and straightforward.
What If My Spouse Refuses To Participate In The Divorce?
If your spouse ignores the petition, you may request a default judgment under 750 ILCS 5/411. The court can proceed without their involvement, provided they were properly served. However, the absent spouse still has limited rights to challenge the judgment within a specific timeframe.
Can Child Support Or Custody Be Changed After Divorce?
Yes. Under 750 ILCS 5/510, the court can modify support or parenting arrangements if there’s a substantial change in circumstances. Examples include job loss, relocation, or changes in a child’s health or education needs. Modifications require court approval to become legally enforceable.
What Happens If My Spouse Hides Assets?
Illinois law requires full financial disclosure during discovery. If a spouse conceals assets, the court may impose sanctions, require repayment, or award the hidden property to the other spouse under 750 ILCS 5/503(d). An experienced attorney can request subpoenas or forensic accounting to uncover undisclosed assets.
Is Mediation Required For Divorces Involving Children?
Yes. Under 750 ILCS 5/602.10, Illinois courts typically require mediation for custody disputes unless there’s a history of domestic violence or other exceptions apply. Mediation helps reduce conflict and encourages parents to cooperate in creating parenting plans that prioritize the children’s best interests.
Talk To A Divorce Lawyer In Schaumburg Today
If you are considering divorce or have already been served with papers, I can help you understand your rights and develop a clear legal strategy. At the Law Office of Fedor Kozlov, we provide dedicated representation for individuals and families throughout Schaumburg and the greater Chicago area. Divorce can impact every part of your life—your home, your finances, and your children—and you deserve an attorney who is committed to protecting what matters most.
Contact our Chicago divorce lawyer at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. We represent clients throughout Schaumburg, Cook County, and across Illinois.
