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Illinois Process for Divorce

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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.

For more information on divorce and family law in the Chicago area or within Illinois, contact the divorce and family law attorneys at Stock, Carlson, Flynn and McGrath today.

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