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The Divorce Process in Illinois
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Although every Illinois divorce is unique, below is an outline of the usual path of a typical divorce in Illinois. The facts of a specific case will determine how long the case lasts, whether or not there is a settlement or a trial and how much the divorce will cost. In other words, if two parties both want a divorce and agree on the terms before they see a lawyer, the process should be rather quick and inexpensive. On the other hand, if a couple can not agree on issues such as child custody or division of assets, it is possible that the divorce could take a long time and be expensive. We recommend you look for Illinois divorce lawyers that help their clients focus on goals and work to achieve those goals as quickly and cost effectively as possible. Below is a list of the stages in an Illinois divorce once you retain an attorney.
- Filing a Complaint or Summons
The spouse filing the complaint or summons is called the plaintiff or petitioner; the spouse receiving the complaint or summons is called the defendant or respondent. It is necessary to file a complaint to register the request for the divorce with the court and also to notify the spouse legally of your intent to divorce. The sheriff's office or a private process server is responsible to deliver the paperwork to the interested parties. The respondent will file an answer to the complaint indicating that he or she agrees or disagrees with the information. Generally, once the complaint is filed, legal separation of the parties begins.
The following information is necessary to file a Complaint or Summons:
1. The legal residence of both parties.
2. The reason for declaring a divorce (see applicable Illinois law).
3. Claims to support the declared reason.
4. Date and location in which the marriage took place.
5. Names and birthdates of each child of the marriage.
- Pretrial Orders
Pre-trial orders are filed by the plaintiff's attorney once the initial complaint has been filed. Pre-trial orders are formal motions made to try to resolve any disputes between the spouses in regards to living arrangements, finances, temporary custody, and visitation. At this point, a judge will clarify the immediate future for both parties concerning temporary arrangements. The arrangements made by the judge can be subject to change and do not always influence the final outcome of the divorce settlement.
- The Discovery Procedure
Discovery refers to the time period in which an Illinois attorney conducts research to find information that the client has not been able to provide. The most common way a lawyer can obtain this information is by making a deposition. Depositions are made in regards to issues that are disputed between the parties. Depositions are taken in writing in front of an authorized court reporter so that the questions and answers can be verified in the future. This information can be presented in court as evidence and can be used even if a witness is not present in court for the hearing or trial.
- Negotiations
Negotiations begin after all information desired by either party has been made available. The purpose of negotiations is to resolve the contested issues. If a settlement can be made out of court a potentially costly trial can be avoided. Sometimes negotiations will begin as soon as the petition for divorce is filed. In more complex matters it can take months or years before negotiations begin.
- The Pretrial Hearing
Pretrial hearings encourage the parties to reach an out of court settlement. A judge or a panel of attorneys will act as a mediator while both parties are interviewed about the issues that would be addressed at the trial. The judge or panel of attorneys provides information that might help the parties settle. More than one pretrial hearing may be held and in many cases becomes necessary as the parties realize that it is both more practical and efficient to settle out or court.
- The Trial
There are basic legal procedures that take place at trial. Trial begins with opening statements. Each attorney states what they intend to prove in front of the judge. Then the petitioner's attorney delivers evidence to support his or her case. The respondent's attorney follows with delivery of evidence that contradicts the claims that were presented by the plaintiff's attorney. Both attorney's are then allowed time for rebuttal, beginning with the plaintiff's attorney. Rebuttal is a response to the opposing attorney's case. The last procedure is closing arguments, which are presented by each side. When this is finished the final decision or judgment is handed down by the court.
If you have any questions about Illinois divorce and family law or would like a referral to an experienced Illinois divorce lawyer please do not hesitate to contact us. All inquiries are free and confidential.
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