What Are the Steps of Divorce? 

 Posted on December 30, 2024 in Divorce

Very few people getting divorced have ever done so before and naturally have important questions about what the divorce process looks like. Divorce follows more or less the same steps for everyone, although the exact timeline and specific steps can vary from case to case. 

If you are thinking about getting divorced and wondering exactly what the process involves, this blog is for you. At The Law Office of Nicholas W. Richardson, P.C., our Illinois divorce attorney is ready to answer any other questions you may have and make divorce as clear and straightforward as possible. 

Filing for Divorce

Although divorcing couples have often had a strained relationship before filing for divorce – sometimes even for many years – the divorce process in Illinois does not formally start until one spouse files for divorce. f

If you are the spouse who files for divorce, you must pay the fees and submit a divorce petition with your local clerk of the Circuit Court. In your petition, you will ask for what you want regarding important issues like child custody, alimony, and property division. 

Once one spouse files for divorce, the other spouse has 30 days to respond with requests of their own. If the responding spouse chooses to do nothing, a Judge may order a default judgment in favor of the spouse who submitted the divorce petition. 

Waiting Period

Divorces in Illinois are either contested – when spouses do not agree about everything – or uncontested, when spouses have already agreed about all the issues in their divorce before filing. Uncontested divorces do not have a mandatory waiting period. Contested divorces usually have a six-month waiting period in which couples have to live separately before the divorce can be finalized. 

Discovery and Negotiation

The discovery period of the divorce process is an important step in which each spouse discloses specific details about their finances. Depending on the case, the discovery process can be very fast or even nonexistent, or the process can drag on for many months. 

Once each spouse and their attorneys have a clear idea of the facts of the case, negotiation can begin. Judges prefer to keep cases out of Court, and usually order spouses filing for a contested divorce to attend mediation to work out their differences. 

Couples can also proactively seek out a mediator to help them at any time, or can use a process called "collaborative divorce." Collaborative divorce is a process in which a divorcing couple and their attorneys commit to working with a team of professionals to end the marriage amicably. 

Litigation

If mediation does not work, or if there are factors like abuse or an imbalance of power that make mediation a poor option for a specific case, the process moves forward to Courtroom litigation. Before litigation begins in earnest, attorneys will meet with the Judge to review the evidence and listen to the Judge’s suggestions about settling the case before proceeding to trial. 

During a divorce trial, attorneys make arguments, present evidence, and may even call witnesses. After all the information is reviewed, the Judge will make decisions about whatever issues the couple could not resolve themselves. 

Contact Our Northwest Cook County, IL Divorce Attorney

To understand the likely path your divorce will take, meet with an experienced Inverness, IL divorce attorney with The Law Office of Nicholas W. Richardson, P.C.. We are committed to helping spouses stay out of court whenever possible, but we fight hard for our clients and are willing to go to trial when necessary. Call 847.873.6741 for a free consultation.