The Daunting Process of Divorce Proceedings in Illinois
Posted on October 16, 2012 in Divorce
A. Requirements for filing for Divorce in Illinois:
Grounds - In order to file suit for divorce in Illinois, you must prove that you have met the necessary "grounds" for divorce. Those grounds include:
- Residence for six months in state
- Irreconcilable differences; and
- No chance for reconciliation.
B. Temporary Orders Hearing:
If you and your spouse cannot agree as to how your property will be divided, your debts paid, how your property will be temporarily divided, your debts temporarily paid, and if you have children, how your children will be temporarily cared for, then you will need to have a hearing on temporary orders. Temporary Orders allow the court the opportunity to make orders that will exist during the time between the filing of your divorce suit and ending with the entry of the Final Decree of Divorce in your case.
C. Discovery Process:
It is normal during a divorce for each spouse to ask the other spouse to answer certain questions, produce documents, and possibly offer testimony regarding the issues in the case. Discovery is used to prepare a case for trial. It can include:
- Interrogatories - a series of questions to be answered under oath within thirty (30) days;
- Request for Production - a document requiring that you produce certain documents and items within thirty (30) days; and
- Depositions - a process whereby the sworn testimony of a person is taken prior to trial.
D. Divorce Decree or Judgment:
The divorce decree is the final order signed in a case. It divides property and debts, makes provisions for taxes, determines who will have custody of children, such as child support and visitation, and makes all other rulings in a case.
The court process for any family law matter can often be very confusing, so it is wise to consult with a family attorney in Geneva, IL to help explain your rights and to protect your interests. A Geneva lawyer who is experienced in family law will know how to navigate through the complicated legal process in an efficient manner, and will be there when you have questions.
In the Kane and DuPage County areas contact The Law Offices of Douglas B. Warlick & Associates, a professional and experienced firm that can make all the difference in your family law matters.
