Divorce Attorney in Oakbrook Terrace, Illinois
Can you provide a quick overview of the divorce process in Illinois?
Can you provide a quick overview of the divorce process in Illinois?
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00:04
people
00:05
won’t have to make a decision whether or
00:06
not they’re going to divorce
00:08
and i don’t think people come to that
00:10
lightly but that would be step one
00:12
and then it starts off with a filing
00:15
generally a petition for dissolution of
00:17
marriage
00:18
and then that petition for dissolution
00:19
of marriage is is delivered in some
00:22
fashion
00:23
either formally or informally to the
00:25
spouse to inform them that
00:26
a divorce is pending and then if you’re
00:28
on the other side of that
00:30
and somebody comes in and they’ve
00:31
received this petition for dissolution
00:33
of marriage
00:34
our process at that point is to file an
00:37
answer
00:38
and an appearance and so that’s the the
00:40
beginning of the divorce
00:42
and those documents and that process is
00:44
fairly generic
00:45
after that’s done the parties then move
00:48
on to
00:49
an exchanging of information called a
00:51
discovery process
00:53
and that’s where people at least
00:55
initially do a financial affidavit with
00:57
some attachments with bank statements
00:59
and that gives everybody a sense of what
01:02
exists for the financial estate
01:04
if there’s children involved many times
01:07
we have to find out early on in the case
01:10
whether or not there’s going to be an
01:11
agreement as to how parenting is going
01:13
to occur
01:14
what parenting time is going to look
01:16
like where children is going to reside
01:18
who they’re going to visit with and if
01:20
that’s not resolvable
01:22
by agreement then we move them into a
01:25
mediation
01:26
and the parties go through mediation
01:27
with regards to you know
01:29
can they figure it out with help of a
01:31
third party to figure out how they’re
01:33
gonna parent their children or their
01:34
child
01:34
after they divorce and then if they
01:37
cannot resolve it in mediation it moves
01:39
on to
01:40
the court and the court likes to appoint
01:42
a guardian
01:43
item or a child’s representative that’s
01:46
a third party attorney
01:48
that individual then does an
01:50
investigation
01:51
helps the parties again try to resolve
01:53
it by between themselves
01:55
if they can’t then they report to the
01:56
court and then ultimately the court
01:58
decides what happens to the children and
02:01
along that process
02:02
running in tandem is the financial
02:06
aspect of the divorce
02:07
the parties are negotiating through
02:08
their attorneys trying to settle and
02:10
resolve
02:11
the financial issues in that time frame
02:13
if the parties are unable to do that
02:15
then again it gets presented to a court
02:18
and the court makes that decision for
02:20
them
Contact Michael Lodermeier
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Chicago, IL family law attorney Michael Lodermeier gives a quick overview of the divorce process in Illinois. He notes that people don’t make the decision to divorce lightly, but that is always the first step. Once that decision is made, the process begins with the filing of a petition for dissolution of marriage. This petition is then delivered—formally or informally—to the spouse to notify them that a divorce is pending.
For the spouse who receives the petition, the next step is to file an answer and an appearance. That marks the official beginning of the divorce, and these initial documents and procedures are fairly standard.
Afterward, the parties move into the discovery process, which involves exchanging information. At the start, this typically includes financial affidavits with supporting documents such as bank statements, giving both sides a clear picture of the marital estate. If children are involved, it is also important early on to determine whether the parents can agree on parenting arrangements, including custody, parenting time, and visitation.
If the parties cannot reach an agreement, the case moves to mediation. In mediation, a neutral third party helps the parents attempt to resolve how they will co-parent after the divorce. If mediation fails, the matter proceeds to the court, which often appoints a guardian or a child’s representative—an independent attorney who investigates and tries to facilitate a resolution. If no agreement is reached, the court ultimately decides what is in the best interests of the children.
Meanwhile, the financial aspects of the divorce proceed in parallel. The parties, through their attorneys, negotiate to settle property division, support, and other financial matters. If they cannot reach a settlement, those issues are also presented to the court, which makes the final decisions.
