Understanding the Divorce Process

At a time when your life may feel like it's in utter chaos, sometimes the smallest bit of predictability can bring a sense of comfort. The outcome of your divorce may be unknown, but there is one part of your divorce that does have some measure of predictability, and that is the divorce process itself.

Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing stages and moving forward with your divorce can reassure you that the process will come to an end.

You may find that by developing a basic understanding of the divorce process, you won't be confused when your attorney starts talking about "depositions" or "going to trial." Such insights can reduce your frustration because you understand why each step is needed. It will support you to begin preparing for what comes next. Most importantly, understanding the divorce process will make it easier to go through a divorce.

1.1 What steps are taken during the divorce process?

The divorce process in Illinois typically involves the steps listed on the following two pages.

The Divorce Process

Obtain a referral for a lawyer.

Schedule an appointment with an attorney.

Prepare questions and any reference material (such as tax returns) for the initial consultation.

Meet with the lawyer.

Pay retainer and sign retainer agreement. Determine, with the lawyer, what issues need to be addressed immediately.

Provide requested information and documents to your lawyer. Take other actions as advised by lawyer, such as opening or closing financial accounts, cancelling joint credit cards, etc.

Lawyer prepares petition for dissolution of marriage and gets the case ready for filing.

Lawyer files the petition with the clerk of the court. Assuming no safety concerns, and you are comfortable doing so, tell your spouse you filed for the divorce, and your lawyer will send the documents.

OR

Sheriff or private process server delivers papers to spouse. Where necessary, the lawyer seeks emergency temporary restraining orders (without notice to your spouse) to restrain improper use of money or removal of the children from the state.

Lawyers negotiate interim matters such as temporary custody, support, and temporary possession of the family home. If necessary, a court date is scheduled on those matters.

Agree on temporary issues and the judge enters an agreed order.

OR

The judge resolves temporary issues, either informally through a conference, or at an actual hearing.

Where required by court rules, both parties complete their financial disclosure forms summarizing their income, expenses, assets, and liabilities.

If there are minor children, parties comply with court rules and attend parent education class. If there is no agreement concerning custody, the parties must attend mediation and try to determine temporary and final parenting arrangements.

Both sides conduct discovery to obtain information regarding all relevant facts. Value all assets, using expert opinions if necessary.

Client confers with attorney to review facts, identify issues, assess strengths and weaknesses of the case, review strategy, and develop proposal for settlement.

Parties negotiate using written proposals, mediation, settlement conferences, or conferences with the judge.

Parties reach agreement on all issues.

Attorney prepares settlement agreement and all companion documents necessary to finalize the divorce.

OR

If the parties cannot reach an agreement, the attorneys request a trial date. Trial preparations proceed, including preparation of witnesses, compiling exhibits, legal research on contested issues, pretrial motions, trial brief, preparation of direct and cross- examination of witnesses, preparation of opening statement, subpoena of witnesses, closing argument, and suggestions to the court.

Trial

Judge makes decision and enters a judgment for dissolution.

OR

Attorney prepares judgment based upon court ruling. Decree is submitted to judge for signature.

Judge signs judgment of dissolution. Prepare and sign documents (deeds or titles) according to the decree.

1.2 Must I have an attorney to get a divorce in Illinois?

You are not required to have an attorney to obtain a divorce in Illinois. A person proceeding without a lawyer is acting pro se (pronounced pro-say). Although permissible, representing yourself is rarely advisable if your case involves children, maintenance, significant property, or debts. If you are considering going it alone, you should at least consult with an attorney to discuss your rights and duties under the law. Undoubtedly, you will benefit from the opportunity to learn about the process and its pitfalls. Meeting with a lawyer can also help you decide whether to proceed on your own.

Some people cannot afford a lawyer, and others choose not to use a lawyer as a way to save money. Today, many people are empowered by information found on the Internet. But, a lawyer is more than merely an information bank. Good lawyers possess skills such as judgment, wisdom, and the ability to help you make choices based upon your long-term interests. Good lawyers know not only the law, but the judge as well: what the judge likes and dislikes in the presentation of a case. Also, when you represent yourself, you are deprived of the ability to analyze your circumstances objectively and might make decisions based on emotion rather than reason. As Abraham Lincoln famously observed, "A lawyer who represents himself has a fool for a client." The same can be said about nonlawyers.

In order to help people conduct a simple divorce on their own, the Illinois legislature has created a "Joint Simplified Dissolution Procedure." The statute can be found in the database of Illinois Compiled statutes at: www.ilga.gov/legislation/ilcs/ilcs.asp. This statute provides a streamlined procedure for people with no children or assets to get a divorce. If you are interested in using the Joint Simplified Dissolution Procedure, contact the clerk of the court's office in the county where you live. The clerk's office has a brochure and other printed materials to help you proceed on your own.

1.3. What is the difference between a divorce and a legal separation?

People with marital problems sometimes consider a legal separation rather than a divorce because a separation seems less permanent, less...