What to Expect When Getting Divorced in Illinois

The Short Answer

While it may seem daunting at times, the 'final outcome' of divorce proceedings is simple. In divorce law, all roads lead to a "Prove Up" court date, where the divorce is finalized. After much negotiation of the terms, at the Prove Up court date, the judge will enter two or three final Orders: -Judgment of Dissolution ("JDM") - An Order declaring the parties are divorced. -Marital Settlement Agreement ("MSA") - An agreement between parties which defines all property rights between the parties. -*Allocation Judgment ("AJ") - An Order defining parenting responsibilities, parenting schedule, and other details of co-parenting (only needed when the parties have a child together).

In some way, all of the Court's proceedings are designed to help the parties come to agreement on the JDM, MSA, and AJ. And that's it, you're divorced! So if that's "all" there is, why do divorces take so long? Read more to find out.

Getting Started

To start with, there are some procedural steps required to start a divorce proceeding. One party must file a 'Petition for Dissolution of Marriage,' which is essentially a request for the Court to dissolve the marriage (i.e., divorce). Once filed, they must provide notice to the other party, and there are strict legal requirements for getting this done. Even after getting served, the other party may argue that the Court should not be hearing the case. If this happens, the court must first decide whether or not it should be deciding the divorce in the first place. Some cases get stuck for weeks or months before they even get going.

Discovery

Once both sides are engaged in the dispute, they have an opportunity to get full disclosure from the other side of facts relevant to the case. For example, one side can request the other side's bank records, and the other side must produce them. This could take a couple of days, but often one side does not produce the documents. The other side has other ways to secure the documents they need. They can issue a subpoena for the records. Or they can file a Motion to Compel, asking that the Court issue an Order requiring the other side to produce documents. All of these options can take multiple court dates to decide and Discovery can easily take several months even when both sides are moving relatively quickly.

Pleadings

As the case is going on, one side or the other can file a Motion for the court to decide one issue or another. For example, one side can ask the Court to Order that the other side leave the marital home. Or one parent can file a Motion asking that the court Order the other side to pay child support while the proceedings play out. Each of these pleadings can require several court dates and thus several months to resolve.

'Temporary' Orders and 'Agreed' Orders

So what moves things forward? Generally speaking, the parties will agree to short-term solutions for small pieces of the overall settlement. Whether agreed to by the parties or issued by the Court, Orders are ultimately what create progress.

More Professionals/Attorneys?!?

Often times the parties will not agree and the Court will Order them to seek the help of another qualified professional to help resolve an issue. The Court can appoint a Guardian Ad Litem or a Child Representative. There are differences between the two, but both of these appointed attorneys are tasked with helping ensure the children's best interests are served by the court. And the parties (usually) have to share the costs.

Pretrial

If the parties still cannot come to agreement on the terms of their MSA or AJ, they may be willing to go to trial. At trial, the Judge will listen to testimony from the parties and any other witnesses, consider all the evidence, and then the Judge will decide the terms of the MSA and/or AJ. Trial can be very time consuming and expensive and risky, so Illinois requires the parties to meet with the court for a "Pretrial" proceeding where the Court will work with the attorneys to find out what is agreed to and narrow the scope of issues still not agreed to. At Pretrial, the Judge often also tell the attorneys how they expect they might rule if the issues were presented at a full trial. Oftentimes this information can help push one or both parties to be more reasonable in their settlement positions.

Trial

If the parties cannot agree, a trial will be required. Trials require a lot of preparation from the attorney, the parties, and any witnesses that may be involved. This also means that trials are very expensive. If trial is required, the Judge will set a series of deadlines and include a final trial date. While the parties at this point are focused on preparing for trial, the preparation process itself can often lead to a settlement. If not, the trial will occur on the given date and the Prove Up will follow.

Negotiation and Settlement

It is almost always in the best interest of both parties to reach a settlement. Litigation is expensive, and with proper guidance and drafting, most of a parties' needs can be addressed and concerns can be protected against. Attorneys for each side generally exchange 'redlined' versions of the JDM, MSA, and AJ until they can find language that works for everyone. A good negotiation usually means that neither side is fully happy happy with the final result. Eventually, when everyone is agreed, the parties will sign the MSA and the AJ and they will schedule a Prove Up.

Prove Up

Prove Up is a formal hearing where the Judge will enter the JDM as an official Order. The JDM's language will always incorporate the full text of the MSA 'by reference', meaning that the entirety of the MSA becomes enforceable as a court Order once the JDM is entered. The Allocation Judgment will also be fully enforceable as a court Order. The Prove Up itself is usually a very dry proceeding where the parties will be asked about basic facts of their background, marriage, and the terms of the MSA and AJ. At the end of the proceeding, the Judge enters the Order, and you're (finally) divorced!