How Long Does a Divorce in Cook County Illinois Take?

The length of a divorce is different for everyone, and can be difficult to guess. Some divorces can be concluded in 3 months, some take upwards of five years. This is because there are tons of different factors that can influence the length of a divorce.  Whether or not you and your spouse are agreed, whether or not you have kids, how many assets you have, all contribute into a divorce’s potential length.

Below is an explanation of the divorce process. This should help you understand everything that needs to get done for a divorce to become complete.

Step One: Filing The Initial Documents

The first step in the divorce process is to file initial documents in court and open up a case. There is a packet of papers that an attorney will prepare for you that state some general information about your spouse and your marriage. The most important paper that arises in this packet is something called a Petition for Dissolution of Marriage.

  This is a document submitted by the spouse that initiates the divorce process. It is a legal document that elaborates exactly what assets the couple accumulated in the marriage and outlines any foreseeable conflicts that need to be agreed on, such as child support, parenting time, or maintenance. The person who files for divorce has to pay the court. In Cook County, it currently costs $ 368 to file a Petition.

Once the Petition has been filed, a copy needs to get delivered to the other spouse in the marriage and file an appearance in court. Often, attorneys will hire a process server to deliver this Petition to the spouse personally, and confirm that the spouse received the Petition. From this point forward, the spouse then has thirty days to file an appearance in court or hire a lawyer. If your does not file an appearance within thirty days, a something called Default Divorce will be granted to the Petitioner Filing an appearance costs money as well. In Cook County, an appearance currently costs $ 237.

At this point the case has been opened, and the couple can then proceed to the next phase of the divorce process:

Step Two: Reaching an Agreement

Sometimes, couples come to an agreement about their division of assets, parenting time, and child support before the Petition is filed. These cases are always the quickest and cheapest, because it means that a lawyer can draft final documents and schedule a final court date away.  If you aren’t in agreement, however, you need to resolve the following issues in front of a judge in court:

• Parenting Schedules and Parental Responsibilities

When couples have kids, the court considers how and when each parent will see their children after the parties are separated. Separating couples must decide how often each parent will see their children, and develop a regular visitation schedule and holiday schedule. These decisions must be made in a manner that prioritizes the needs of the children. Parents also must determine how to split childcare expenses such as health insurance, medical expenses, educational expenses, day care, and any other regular childcare expenses.  If these discussions get contentious, parents might need to hire a third lawyer called a Child Representative. This lawyer will function as a third party in court and will represent the needs of the child in a case. 

• Dividing Assets and Debt
• Married couples need to divide all your cash accounts, real property, cars, retirement accounts, investments, and any other assets that you might have accrued together during the course of your marriage. Unless a couple has a pre nuptial agreement, any assets accrued during the marriage are considered marital property that must be split evenly. This includes any retirement accounts earned as a work benefit. Married partners must also figure out how to divide any credit card or other debts accrued in the marriage.
• To properly divide all assets, spouses must disclose records of all of their assets to facilitate a final agreement in a process referred to as Discovery.  Once every asset has been recorded and documented, parties can work together to determine how they are split in court.
• Child Support

Illinois courts have guidelines that suggest how child support should be calculated. Child support is typically done using a formula referred to as the “Income Shares” formula, which incorporates the gross work income from both parties, along with any other income from maintenance, or child support from another case, into determining the final child support amount.  Income Shares calculations also consider the cost of health insurance for children--under Income Shares, the parent providing health insurance for children must get partially reimbursed by the other who is not.

Not everyone chooses to use the Income Shares calculations to determine their child support amount. Sometimes, parties agree on a specific amount outside of these court guidelines. However, in instances where two parties do not agree over child support, judges will typically order that they use these guidelines to figure out the amount owed.

 Because they take into account income from both parents, lawyers need each parent to provide copies of their paystubs and W2s before child support can be calculated. Click here for more about the specifics of the child support in Cook County Illinois.

D. Maintenance

In certain divorce cases, a judge will determine that one spouse must pay the other a portion of their income for a certain period of time after the divorce has been finalized. These payments— which some states refer to as ‘alimony’—are called ‘Maintenance’ in Illinois courts. Maintenance payments are only allowable in specific situations. For example, if one spouse acquires a new romantic partner before their divorce is finalized, they are not eligible to receive maintenance. Additionally, the length of the marriage affects the potential duration of maintenance.

In the even that maintenance payments are possible, the state uses a specific formula to calculate the amount and duration of maintenance payments. Follow the link here o learn more about maintenance (alimony) in Cook County Illinois.

 Step Three: Entering final documents into court

Once all issues in the case are resolved, there are three documents that put a final settlement into writing: the Allocation of Parental Responsibilities, the Marital Settlement Agreement, and the Judgment of Dissolution of Marriage. The Marital Settlement Agreement is used to specifically outline how all the parties’ assets will be divided. The Allocation of Parental Responsibilities describes parenting schedules and determines who can participate in major decisions for minor children.  These two documents are entered in the court, but are not put on the public record. The Judgment of Dissolution of Marriage, on the other hand, is put on the public record. It states general facts about the case, but does not list any personal information.

Once both parties in the divorce have signed these final documents, a court date referred to as a Prove Up is scheduled. A Prove Up is the final date of a case.  The Petitioner is required to attend this court date, however the Respondent does not.  This court date terminates the divorce process.

About The Author: Russell D. Knight is a family law attorney in Chicago who represents clients in all aspects of divorce and related issues. You can learn more about him on his website http://rdklegal.com/.

Photo by Nick Hawkins

About the Author:

Law Office of Russell D. Knight