Divorce Law 101

Selecting the best divorce attorney in Chicago is essential to a successful divorce, especially for high-net-worth clients, and complex and high conflict divorces, including matters involving narcissism and other forms of abuse. With over 30 years of experience, James M. Quigley is a leading divorce and family law attorney known for navigating complex financial issues involving maintenance (formerly known as alimony or spousal support) substantial wealth, income, and assets, as well as custody and relocation matters.

How It Works: Steps for Filling for Divorce in Illinois

1. Decide if Divorce is the Right Step

Before beginning the legal process, carefully consider whether divorce is the right solution. This decision is deeply personal and can greatly affect your children and your finances. Consult with trusted individuals, and consider seeking advice from a divorce attorney to understand the potential financial and legal implications.

2. Determine Your Eligibility for Divorce

To file for divorce in Chicago or the Chicagoland area, either you or your spouse must have lived in the state or been stationed in the military in Illinois for at least 90 days. Additionally, for a no-fault divorce, you must have lived separately from your spouse for at least six months. This doesn’t necessarily mean living in different homes but rather living apart as husband and wife due to the breakdown of the marriage.

3. Find a Family Law Firm to Represent You

Choosing the right divorce attorney is crucial. Look for a lawyer with a strong reputation, someone you feel comfortable with, and who understands your priorities. A good attorney will guide you through the process, explain the potential challenges and strengths of your case, and advocate for terms that align with your goals.

4. Decide on the Type of Divorce to File

Illinois law recognizes only irreconcilable differences as grounds for divorce, meaning the marriage is irretrievably broken. If you and your spouse agree on all terms, you can file for an uncontested divorce. However, if there are disagreements on issues such as the division of marital assets, spousal maintenance, child support, or parental responsibilities, you may need to pursue a contested divorce.

5. Take Stock of Your Assets and Finances

Gather all financial documents to assess the financial state of your marriage. This includes:

  • Tax returns
  • Pay stubs
  • Retirement or pension plan account information
  • Bank and financial account statements

6. Exchange Financial Disclosures with Your Spouse

Both parties must complete a comprehensive Financial Affidavit, approved by the Illinois Supreme Court, to provide financial information to the other party and the court. This step is essential in cases involving child support, spousal maintenance, and attorney’s fees.

7. Work Out Parental Issues

If minor children are involved, you and your spouse will need to resolve issues related to parental responsibilities and parenting time. The court’s goal is always to act in the best interests of the child. Your attorney can assist in reaching an agreement or represent you in mediation if necessary.

8. File a Petition with the Court

To officially begin the divorce process, you must file a Petition for Dissolution of Marriage with the circuit court in the county where you or your spouse resides. Your attorney will prepare this document, which outlines the grounds for divorce, details about any children involved, and current living arrangements. Your spouse will be served with a copy of this petition, or they may choose to file an Appearance, which avoids the need for formal service.

9. Wait for Your Spouse’s Response

After your spouse is served with the petition and summons, they have a set period to file an Answer to the Petition for Dissolution of Marriage. If there are children involved, the court may order mediation to resolve child-related issues. If your spouse contests the divorce or there are unresolved issues, the case may proceed to a full litigation process.

10. Engage in Discovery and Exchange Information

During the discovery phase, both parties request and exchange necessary information, often financial. This step ensures that both sides have complete information to make informed decisions, whether moving toward a settlement or preparing for trial.

11. Reach a Settlement or Go to Trial

If you and your spouse can agree on all key issues, you can present a settlement agreement to the court for approval. This agreement will address property division, spousal maintenance, and parental responsibilities. If no agreement can be reached, the case will go to trial, where a judge will make final decisions on the unresolved issues and include them in your divorce decree.