Which Illinois Divorce Process Is Best for Me?

 Posted on August 22, 2024 in Divorce

One of the most common questions new clients ask at their first meeting with our Illinois divorce lawyer is how long the divorce itself will take. For many people, the decision to end their marriage was not an easy one, and they just want to be able to move forward with their lives and futures as quickly as possible.

The answer to that question is that there is no solid answer. Every case is different, and even the most agreeable of divorces can quickly turn contentious, resulting in long, dragged-out battles. The following are the four different categories of divorce in Illinois. Your lawyer will evaluate your situation and advise you on which process would be the most appropriate in your case.

Joint Simplified Divorce

If a couple has been married for less than eight years and agrees on all issues (including how assets and debts will be divided), they may qualify for a joint simplified divorce. The couple must not have any children together, and one spouse cannot be pregnant by the other.

Neither spouse can have an annual gross income of more than $30,000, and the couple’s combined annual gross income cannot be more than $60,000. They cannot have more than $10,000 in assets or own any real estate. They cannot have any joint retirement benefits.

Uncontested Divorce

If a couple agrees on all issues but does not qualify for a joint simplified divorce, an uncontested divorce process may be the most appropriate. Issues that must be decided on include:

• Allocation of parental responsibilities

• Parenting time

• Child support

• Spousal support

• Division of assets and debt

One spouse files the petition for divorce, and the other spouse must file a response, referred to as an Entry of Appearance. Once the response is filed, the court will schedule a hearing at which the judge should approve the divorce agreement as long as the judge feels it is fair to both spouses.

Just like a joint simplified divorce, the process for an uncontested divorce is fairly straightforward; however, it is recommended that both spouses have their own attorneys representing them to ensure their financial and parental rights are protected.

Mediated Divorce

Another common issue with divorcing couples is that they agree on certain issues but not others, yet both are willing and open to negotiating through these issues. Mediation can help guide these couples to a resolution. This process includes the assistance of professionals who can help the couple reach a final settlement that they both are satisfied with.

In addition to a neutral mediator and divorce attorneys, the mediation divorce process can include financial advisors, child specialists, and divorce coaches. How quickly the couple can resolve their disagreements is a major factor in how long this process will take.

Contested Divorce

There are divorces where the divide between the couple is so wide that mediation is not an option. A contested divorce can take more than a year to resolve, depending on how adversarial the process becomes. This type of divorce involves the use of legal tools like interrogatories, depositions, production of documents, and more, with both parties presenting their side to the court. It is the judge who makes the final decision about child custody, division of assets, spousal support, and any other issues the couple was unable to agree on.

Contact Our Chicago, IL Divorce Attorneys for Legal Help

If you have decided to end your marriage but are unsure which divorce process is the most appropriate for you, call The Law Offices of Curtis Bennett Ross, L.L.C. at 312-984-1514 to schedule a consultation with a skilled Chicago, IL divorce lawyer Attorney Ross. With more than three decades of legal experience, you can be assured that you have a dedicated advocate in your corner.