Marriages don't always last forever.When a marriage ends in Illinois, there are certain steps you need to take.The article will walk you through the steps.Specific circumstances in your case could require some variations.
Step 1: You should consider hiring an attorney.
Family law is very complex.Judges have great latitude for discretion, as many different things are likely to impact your case.If you can afford an attorney who knows what your judge favors and what you don't, you should hire one.There is a way to find a good attorney.Some attorneys will give limited services to you if you can't afford a full-service attorney.
Step 2: Determine if you are eligible to file.
You need to have resided in Illinois for at least six months to file for divorce.Illinois is a fault state.You can file for divorce immediately if you have a mental or physical problem.To file on the ground of irreconcilable differences, you must be separated from your spouse for at least two years or six months if you both agree to the divorce, and state that your marriage cannot be saved.
Step 3: Know the limits, standards, and thresholds.
The Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5, deals with property settlement, custody, and support.Unless you and your spouse agree on the division of property, the court will equitably divide your assets and liabilities.A percentage of the payor's net income is used to calculate child support.The best interest of the child will determine child custody.
Step 4: Find the appropriate court.
You can find the District Court in your county.You should file your case in the county in which you and your spouse live.It is best to file in the county in which your spouse lives so the court has the power to order support.
Step 5: You must locate and complete the forms.
Illinois Legal Aid has an interactive program that you can use to create custom forms.At your local self-help center, you can often get assistance finding and completing documents.At a minimum, the forms you need will include a summons and petition.The program will give you the documents you need.To use it, go to the Legal Aid website.Ask the questions.Information about children and property will be included.You can print your documents.
Step 6: Prepare for filing.
You will need to sign the forms once they have been completed.The forms that have a block on them will need to be signed.The deputy clerk can notarize documents at most courthouses.There are many places where you can find notary services.A lot of banks give a free service to account holders.All documents should be made four copies.
Step 7: Make a proposal for a property settlement.
Illinois is an equitable distribution state.Unless you and your spouse agree to a property settlement, the judge will consider the factors in the statute when determining how to divide the assets and liabilities that were amassed during the marriage.Read the statutes and search case law for specific definitions, but these factors may include things such as: The contribution of each party to the obtaining and maintaining property
Step 8: Make a parenting plan.
Each parent's responsibilities will be spelled out in the parenting plan.Parental responsibility and parenting time will be apportioned.A parenting plan will be prepared by the interactive software package above.The court will prepare a parenting plan for you if you and your spouse don't agree on one.Read the statutes and search case law for specific definitions, but these factors may include things such as: The wishes of the child's parent
Step 9: There is a proposal regarding child support.
Child support in Illinois is based on the net income of the paying parent and the number of children to be supported.20% for one child up to 50% for 6 or more children.If the court finds that deviation to be in the best interest of the child, it can deviate from this percentage.The standard of living the child would have enjoyed had the marriage not been dissolved may include things such as the financial needs and resources of the custodial parent.
Step 10: There is a proposal regarding support.
Maintenance may be awarded by the court.The initial petition for divorce must be followed by a request for maintenance.When considering whether an award of maintenance, either temporary or permanent, is appropriate, a court will consider all relevant factors.The income, property, and financial obligations granted to each party in the property distribution is one of the factors.
Step 11: Don't forget to file your documents.
The clerk of the court will hear your case if you give the original and one copy of documents.Unless you apply for a waiver, you will be charged a filing fee.The clerk will stamp your copies with the filing date.The clerk will sign the summons for you.
Step 12: You should serve your spouse.
When you file your documents, ask the clerk to sign it.You have to make a copy of the summons.Attach the original summons to the copy of the documents for your spouse.The summons must be received by your spouse within 30 days.You will need to pay the sheriff for personal service on your spouse.If your divorce is all by agreement and your documents include a waiver of service and answer, skip this step and schedule your hearing.
Step 13: Wait for the answer.
The spouse has 30 days to file a written answer to the complaint.If you don't receive a copy of the answer, you should call the clerk and ask if it has been received.
Step 14: If there is no answer, consider filing for default.
If no answer was filed, you should file for a Default Judgment.If your spouse lives out of the court's jurisdiction, not all issues can be resolved by default.If a party in default lived in a different state but the child was in Illinois, the court could modify the times and dates that the parent was allowed to spend time with the kid.
Step 15: You can participate in discovery.
In order to support your case in court, you will need to gather information.You can learn about discovery techniques and processes in Illinois by reading the rules governing discovery found in Part E of the Rules on Civil Proceedings in the Trial Court.Contact your local family law self-help for help with some of these.Provide the other party with copies of documents, allow you to inspect items, and require them to answer questions under oath.Depending on the issues in your divorce, you may be able to require the other party or child to undergo psychological/psychiatric testing or an evaluation by a professional to determine what type of arrangement would be in the best interest of the child and make a recommendation to the court.
Step 16: Any necessary disclosures should be made.
You should request the same disclosures from the other party if they are not made voluntarily.The disclosures may include financial affidavits if support is an issue, lists of people expected to testify at trial and exhibits you intend to present at the trial, either as evidence or for demonstration purposes.If the other party objects to their use, you may not be able to present them at your hearing.
Step 17: The Rules of Evidence should be read.
You need to be sure you understand them.It's worth paying an attorney for help if you have questions.You can find them at the Illinois courts website.
Step 18: You can participate in mediation.
Illinois requires mediation for child-related disagreements.A neutral third party tries to bring the parties to an agreement.The mediation doesn't make any decisions so there is no need to bring evidence.The goal is for both parties to compromise so that the issues can be settled without a trial.If mediation is successful, the mediator will usually prepare the proper documents, get the signature of each party, and submit the documents to the court.The parties will go to court if mediation is unsuccessful.In Illinois, statements made in mediation can't be used in court if the mediation was successful.
Step 19: You can schedule your hearing.
You can schedule your hearing by contacting the court clerk.You should be able to give an estimate of how long it will take to put on evidence of your case.During a scheduling conference or hearing, the judge will ask questions to make sure all issues are ready for trial and to determine how much time will be needed for the hearing.Any subpoenas needed for witnesses should be issued.You need to give notice of the hearing to other parties.If your court has a form for this, ask the clerk.The judge who will hear the case and the date of the hearing should be included in your notice.
Step 20: Attend your hearing.
You should be dressed respectfully on the day of your hearing.You should wear a suit if you can.Clean clothes that are suitable for the office are acceptable if not.If you only wear jeans, make sure they are clean and in good shape.Don't wear shorts, flipflops, tank tops, miniskirts, or sagging pants.Arrive early.Speak to the judge, not the opposing party or their attorney.Call the judge your honor or judge.Stand up when speaking.The case will likely proceed as follows, though this can vary under some circumstances: the opening statements of the witnesses and the cross examined witnesses.The witnesses were cross examined by the petitioner.The closing arguments are summaries of the trial and arguments as to why the judge should rule in the petitioner's favor.
Step 21: An adverse ruling could be appealed.
Any orders are usually prepared by the prevailing party after the judge's ruling.The judge may use proposed orders if you submitted them earlier.The judge may have stacks of blank orders on the bench that he fills out and signs while making a ruling.If you are tasked with preparing the order, locate the appropriate order form from the link above and complete it.Make 2 copies.Send a copy of the original to your spouse.You should keep the other copy for your records.You can get a copy of the signed order from the clerk once the judge signs it.You have 30 days to file a notice of appeal if you disagree with the judge's ruling.There are deadlines for the Civil Appeal Rules.