Divorce Lawyers Chicago and Dissolution of Marriage

Divorce (the action or instance of legally dissolving a marriage) in Illinois is referred to as Dissolution of Marriage and is categorized as a contested divorce or an uncontested divorce. WARD FAMILY LAW, LLC, represents clients of various personal and professional backgrounds, with each client having their own unique issues and concerns, but all are going through the same divorce process. With Jennifer R. Ward, Esquire, one of the top divorce lawyers in Chicago, leading the way on your case, you have legal counsel with extensive law school classroom teaching, professional lecturing, publishing, negotiation, and courtroom experience, which provides clients with well-rounded representation.

Contested vs. Uncontested Divorce

In a contested divorce, the parties disagree on at least one of the main issues. In an uncontested divorce, the parties can agree on all of the issues and need guidance in negotiating and drafting the final documentation. WARD FAMILY LAW, LLC, can streamline an uncontested divorce case by guiding the client through the steps that are necessary to ensure that the case is concluded with well-written, mutually agreeable documentation in a timely fashion. We also handle highly contested matters and are fully committed to litigating on behalf of our clients, when necessary, to ensure our clients obtain favorable results under the law.

Basics of the Dissolution of Marriage/Divorce Process in Illinois

Each case has unique circumstances and elements, but there are some basic steps that all divorcing couples will go through:

1. Filing a Petition for Dissolution of Marriage: Chicago divorce attorneys can initiate the process by filing a Petition for Dissolution of Marriage. The party requesting the dissolution will assert their wishes for how to resolve matters such as the division of marital property and assets, allocation of parental responsibilities, child support, and more.
2. Financial Disclosure and Discovery: Each spouse will complete and submit a Financial Affidavit detailing their income, assets, expenses, debts, and other essential financial information, along with supporting documentation. If one party is uncooperative or suspects that the other party is concealing or manipulating information, a formal discovery process may be required.
3. Addressing Parental Responsibilities: If the couple has minor children, the allocation of parental responsibilities (formerly known as child custody) and parenting time (formerly known as visitation) will need to be addressed. This may include temporary orders that apply while the divorce is pending.
4. Negotiation and/or Mediation: Once financial information has been exchanged and each party’s desired terms are clear, the spouses can begin negotiating a final marital settlement agreement with the guidance of their attorneys. If contested issues cannot be resolved through negotiation, couples may participate in mediation, either voluntarily or as ordered by the court, to attempt to resolve the contested issues before proceeding to litigation.
5. Settlement or Trial: Most divorce cases are settled through negotiation or mediation, at which point your divorce attorneys in Chicago will prepare all necessary documentation to finalize your dissolution with the court. If a settlement cannot be reached this way, the case will proceed to trial, which is often lengthy and costly. At the conclusion of the trial, the judge will rule on how to resolve any disputed issues.

For a more detailed explanation, please refer to our Divorce Process in Illinois page.

The complexities of the divorce process and implications are not lost on a law firm that handles these cases every day, which allows our clients to have access to attorneys who are both compassionate and experienced. Our firm is home to the top-rated Chicago divorce lawyers in the family law field.

Filing Requirements for Dissolution of Marriage/Divorce in Illinois

In order to file for a Dissolution of Marriage in Illinois, one of the spouses must be a resident of Illinois for at least 90 days and must meet jurisdictional requirements. The grounds for divorce in Illinois are now irreconcilable differences, specifically defined as “causing the irretrievable breakdown of the marriage and the court determining that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”

If the parties lived “separate and apart” for at least six consecutive months immediately preceding the entry of the judgment dissolving the marriage, there is an irrefutable presumption that the requirement of irreconcilable differences has been met. In Illinois, living “separate and apart” does not simply mean the parties have physically lived in separate residences- this legal term refers more to the parties’ mindsets with regard to the breakdown of their marriage. Living separate and apart can include spouses living together but believing that the marriage has irretrievably broken down for a period of at least six months prior to the entry of a judgment for divorce.

In obtaining the final Judgment for Dissolution of Marriage, any such judgment cannot be entered unless the court has jurisdiction and has considered, approved, reserved, or made provision for the allocation of parental responsibilities, the support of any child of the marriage entitled to support, the maintenance of either spouse and the disposition of property. The court will enter a Judgment for Dissolution of Marriage that reserves any of these issues either by agreement of the parties or motion of either party that the court finds appropriate circumstances exist.

Your Divorce Deserves Experienced and Dedicated Legal Guidance

WARD FAMILY LAW, LLC, will help you navigate the divorce process from start to finish, and we will ensure that you are being personally guided through every step. We understand family dynamics and how emotionally draining the divorce can be; we will take the time to understand your needs, concerns, and objectives and how that will impact you and your family. Our expertise and experienced divorce lawyers in Chicago allow you to meet and often surpass your goals in obtaining a dissolution of marriage. Contact our experienced attorneys at WARD FAMILY LAW, LLC, to schedule a consultation today.

Frequently Asked Questions about Divorce Attorneys Chicago

Will I Have to Appear in Court?

Yes, although most Divorce Court and Paternity Court proceedings are now conducted by video conference, and you may not need to physically travel to the courthouse. If your divorce is uncontested, or you and your ex have reached an agreement on all terms, a prove-up hearing will be necessary to finalize the divorce. Your attorney can help you understand what to expect at a prove-up hearing and provide tips on attending court proceedings by video.

Are Spouses Required to Live Separately Before a Divorce in Illinois?

Living “separate and apart” for at least six consecutive months is considered evidence of the irretrievable breakdown of a marriage. However, this does not necessarily require living in separate residences. In fact, some former spouses choose to continue living with an ex-spouse after divorce.

What If I Can’t Afford Top-Rated Chicago Divorce Lawyers?

Illinois law is designed to create a “level playing field” for both spouses during the divorce proceedings, and this allows a spouse with limited financial resources to request attorney’s fees from a spouse with greater resources, including the initial retainer fee. If you can’t afford a divorce attorney in Chicago but your spouse can afford to help, speak with an experienced divorce lawyer in Chicago to better understand your options.

What Should I Do if I Believe My Spouse is Hiding Assets?

If your spouse is deliberately concealing income or assets during the divorce process, you may be able to take steps to help uncover these assets. However, the time and cost associated with addressing hidden assets should be carefully weighed against the potential value of the assets. A knowledgeable divorce attorney in Chicago can help you determine the best course of action.

If you are tempted to conceal assets from your ex, know that there can be serious legal and financial consequences for hiding assets during a divorce, and this behavior should always be avoided. The smart move is to hire experienced divorce attorneys in Chicago who can negotiate a fair divorce settlement and protect your interests.

What if My Ex is Spending Recklessly Before the Divorce is Finalized?

If one spouse is intentionally wasting or disposing of marital assets, this may qualify as either dissipation or fraud. This form of marital asset theft can be addressed during the divorce process with the help of a skilled divorce lawyer in Chicago.

What If My Spouse Refuses to Sign the Divorce Papers?

In Illinois, divorce can be finalized even if one spouse does not attend the final hearing. This is known as divorce by default. If you have made good faith attempts to negotiate and give your ex a reasonable amount of time to act, then court intervention may be necessary to finalize a divorce without your ex’s participation. Divorce lawyers in Chicago, Illinois, offering a free consultation can explain more.