Filing for divorce in Illinois is only the first step in the divorce process. You still need to serve your spouse with the divorce papers, you may want to petition the court for temporary orders, and you’ll have to determine whether your divorce is contested or uncontested. An experienced divorce lawyer can assist you throughout this process, protecting your rights and best interests along the way.
Serving Your Spouse the Divorce Papers
After filing your divorce with the Circuit Clerk, the next step is to serve your spouse. This is a formal process that is often completed by the county sheriff. If the sheriff is unable to locate your spouse for any reason, there are also alternative methods for serving them, such as service by publication in a local newspaper.
Once your spouse has been served the divorce papers, they have 30 days to respond by filing an Entry of Appearance and an Answer to the Petition. In their Answer, they’ll respond to the allegations in your Petition for Divorce.
If your spouse does not file an Entry of Appearance within the 30-day timeframe, you may be able to seek a default judgment from the court.
Requesting Temporary Orders
While the divorce is pending, either party may request temporary orders from the court. These orders can include:
- Protection orders in cases involving domestic violence
- Child custody orders, including both physical and legal custody
- Orders to determine who stays in the family home during the divorce
- Child support orders
The purpose of temporary orders during divorce cases is to maintain the peace between the parties while the complete details of the divorce are worked out. Not every divorce will require temporary orders, but your lawyer can help you seek them if necessary.
Uncontested vs. Contested Divorce
The divorce process is different for uncontested divorces than for contested divorces. An uncontested divorce is one in which you and your spouse agree to all terms of the divorce, while a contested divorce is one in which you disagree on one or more terms.
Uncontested Divorce
For your divorce to be uncontested, you and your spouse must agree on the various terms, which may include:
- Marital property division
- Child custody agreements and parenting time
- Child support agreements
- Spousal support (alimony) payments
- Parenting plans
Divorces involving minor children can be significantly more complex due to the necessity for child custody, support, and parenting plans. However, even with this added complexity, an uncontested divorce is still possible.
A lawyer can help you agree on these terms through mediation, negotiation, or arbitration before your case has to go before a judge. If the parties can agree to all terms, your lawyer can put your agreements in writing and submit the document to the court for approval.
Contested Divorce
Contested divorces typically take much longer than uncontested divorces and cost more as a result. These divorces go through the legal system, which means you’ll have to participate in discovery before your case proceeds to trial.
Discovery is a pre-trial process during which the parties exchange various information and documents, often including financial information. After discovery, there’s typically a round of settlement negotiations to give the parties an opportunity to agree to the divorce terms before they go to trial.
If negotiations don’t work, your case will go to trial, where a judge will determine the terms of your divorce, including the marital property division, child custody arrangement, and any spousal support orders.
Contact Our Rockford Divorce Lawyer
If you’re planning to file for divorce in Rockford, Illinois, contact the Law Office of Bradley R. Tengler, P.C., for a consultation with an experienced divorce attorney. Our law firm is dedicated to protecting your and your family’s best interests by providing strong legal representation throughout the divorce process.