Joliet Attorney Explains the Divorce Process

Lawyer for Divorce Petitions, Discovery, Settlements, and Litigation in Will County

The end of a marriage can be complicated and difficult in any circumstances. Whether you believe that you can dissolve your marriage amicably or expect to encounter significant conflicts, you must follow certain steps and meet a variety of requirements before you can complete your divorce. By understanding the steps followed during the divorce process, you can prepare to address the issues that may arise, and you can make sure you will be able to protect your rights and interests.

Erin Webster O'Brien, P.C. works with spouses to address divorce-related concerns efficiently and effectively. We will guide you through the process of divorce, making sure you understand your rights and requirements at each stage. We will advise you on how you can resolve disputes and reach workable agreements with your spouse, and if necessary, we are ready to advocate for you in family court. We will provide you with personalized attention, making sure you take the right steps to reach the best possible outcome to your case.

The Illinois Divorce Process

Either spouse may formally begin the process of legally ending their marriage by filing a petition for dissolution of marriage in the local county court. Since Illinois is a no-fault divorce state, a divorce petition will not list any specific grounds for divorce, and instead, it will state irreconcilable differences have lead to the breakdown of the marriage. The petition will include requests for different types of temporary relief, which will address how certain issues will be handled during the divorce process, such as the possession of property or arrangements for custody of children. The divorce petition will be officially served to the other spouse. The respondent must respond to the petition within 30 days, and they may file a response or an appearance in court. If the respondent does not respond to the divorce petition, a default judgment may be issued in which the requests for temporary relief in the divorce petition will be granted.

After initiating the divorce process, the spouses will conduct discovery, in which they will gather information related to their marriage, their finances, their marital assets, and any separate property owned by either spouse. The spouses' attorneys may use multiple different methods to obtain information, including interrogatories that request that a spouse disclose information or admit to certain facts, depositions in which a spouse will answer questions under oath, or subpoenas to obtain documents from other parties. The information obtained through discovery can help establish the full extent of the marital estate and each spouse's income and financial resources, allowing them to determine how to divide marital property and establish child support or spousal support obligations.

In most cases, spouses will work to negotiate a divorce settlement that will allow them to complete their divorce outside of the courtroom. They may use methods such as mediation or collaborative divorce to create a settlement that they both agree on. Once a settlement has been finalized, the couple will attend a prove-up hearing where their divorce decree will be issued. If there are any issues that cannot be resolved, a divorce trial may need to be held. Each party will present evidence and make arguments, and the judge will make the final decisions on any outstanding issues. Following the issuance of a divorce decree or judgment, spouses may take action to enforce the court's orders or request modifications based on changes in their circumstances.

Contact Our Will County Divorce Lawyer

During your divorce, you need an attorney who can advise you on the best ways to achieve your goals throughout each stage of the legal process. Attorney Erin O'Brien will make sure you understand your rights, and she will help you proceed through the divorce process as smoothly and efficiently as possible. To get legal help with divorce-related issues, contact us by calling 815-727-2100 and arranging a consultation.