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so divorce in in a typical you know what
I call the the common understanding of
divorce in Illinois is someone files a
petition for dissolution of marriage
people say I’m filing I’m filing divorce
I’m filing my papers that’s that
petition for dissolution of marriage
it’s a two or three page document you
file it with the court that’s going to
give you a case number assign you a
courtroom assign you a judge and then
you’ll have a process server which is
like uh you know the sheriff or someone
who serves somebody you have them go and
serve the other party they hand them
their papers they’ve officially been
served and that person that has 30 30
days to respond to the summons meaning
um file an appearance or to hire an
attorney okay that’s how a traditional
divorce starts after that you then have
What’s called the discovery process
which is a fancy word for an exchange of
financial documents this is usually
where a divorce can get pretty bogged
down and can feel you know a little
arduous for the client because you know
reality if it is contested at all it is
important
um and ethically required to exchange
financial information to make sure you
have that information before you
finalize a divorce
then you have different things that can
happen in court with motions and
hearings and of the like the other way
that we go about divorce which I highly
recommend if possible is what we like to
call Cooperative divorce and that’s
where you know someone comes to me and
they say look you know me and my spouse
we want to get a divorce we’ve been
married seven years or however many
years we don’t want to fight we’re in
agreement we’re amicable we just want to
go our separate ways this is what we’ve
agreed upon and in that scenario you
know I’m basically
I wait to file in court I’m not starting
that whole process I just said until
we’re already in full agreement and so
that way I work with you know my client
and their spouse to come up with What’s
called the marital settlement agreement
and that is the document you use to get
divorced and if you get to a point where
you can have that agreed upon and signed
then once I file for that petition for
dissolution of marriage get assigned a
courtroom and a case number I then just
go right in and ask for what’s called a
prove up which is what uh the
finalization of a divorce is called the
prove up we fill out a few of the prove
up uh package documents we go in and
finalize the divorce I mean if people
are in agreement I can get you people
say how long is a divorce well it’s as
soon as you’re in agreement as soon as
you’re in agreement I can have you
divorce within a couple of weeks not a
problem you know obviously that process
is way less expensive you know way less
stressful
um and both people usually agree to
waive the discovery process or at least
do a much more minimal Discovery process
as opposed to five years of every
account they’ve ever had and every
mortgage or car they’ve ever had they do
what we call Financial disclosure which
is just a financial affidavit
um that’s basically disclosing their
assets and debts they sign it under oath
and we use that and we finish it up
Contact Melissa Kuffel
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Naperville, IL family law attorney Melissa Kuffel provides a quick overview of the divorce process in Illinois. She explains that in Illinois, a typical divorce begins with one party filing a petition for dissolution of marriage. This document is filed with the court and initiates the process. The other party is then served with the papers by a process server or sheriff and has 30 days to respond or hire an attorney.
Once the initial phase is completed, the discovery process begins. This involves an exchange of financial documents between the parties. It is an important step, especially in contested divorces, as it ensures that both parties have access to complete financial information before finalizing the divorce. This process may involve motions and hearings in court.
Alternatively, there is the option of a cooperative divorce, which is recommended if the spouses are amicable and in agreement. In this case, the couple works together with their respective attorneys to reach a marital settlement agreement, which outlines the terms of their divorce. Once the agreement is reached and signed, the petition for dissolution of marriage is filed, and a prove-up is requested to finalize the divorce.
Cooperative divorces can be quicker, less expensive, and less stressful compared to contested divorces. The parties involved often agree to streamline the discovery process or opt for a minimal disclosure of financial information through a financial affidavit. This approach allows for a more efficient resolution, and the divorce can be finalized within a matter of weeks if both parties are in agreement.