The Divorce Process in Schaumburg, IL
Couples going through a divorce for the first time may not know what to expect. The divorce process can be complicated and emotionally draining, and it differs from case to case depending on unique circumstances. With the emotional toll that comes with deciding to get a divorce, you can get some peace of mind by understanding the divorce process before starting your proceeding.
The divorce attorneys of Allen Gabe Law, P.C. can provide representation for those going through a divorce in Schaumburg, IL. We have years of experience navigating divorce proceedings and a deep understanding of the process. We will work with you to help you understand the process of divorce and fight for solutions that are in the best interests of you and your children.
Our attorneys will learn the details of your case and help negotiate a favorable settlement on your behalf. Through each step of the process, we will keep you informed of the options available to you and advise you on the best path to take. In general, the divorce process will include the following steps:
1. Filing a Divorce Petition
If you are wondering about what to expect during your divorce, check out this process, where you can find everything you need to know.
When one spouse decides they want a divorce, they will file a Petition for Dissolution of Marriage which starts the divorce process. The filing spouse, referred to as the petitioner, may request relief or a court decision regarding the division of marital property, child support, spousal maintenance, and other matters in their petition.
The other spouse, referred to as the respondent, is served with divorce papers and they have 30 days to appear in court and respond to the divorce petition. If they do not respond within 30 days, the court can make a default judgment and grant the petitioner the relief they requested in the petition. If you are served with divorce papers, it is in your best interest to respond to the petition within 30 days to negotiate a settlement.
The response to the petition starts the discovery period in which both parties disclose their income, assets, debts, and other financial information. By this point, you should have legal representation as you will need a divorce lawyer to ensure you are disclosing everything necessary and your spouse is also following the rules.
If you believe your spouse is not fully disclosing their financial information, we can file depositions, subpoenas, and requests for documents to uncover the information. Both parties must fully and honestly answer these requests.
3. Settlement Negotiations
After all relevant information has been uncovered in the discovery stage, the spouses work with their divorce attorneys to negotiate a settlement to resolve matters such as division of property and assets, child custody, child support, spousal maintenance, and more. During the negotiation process, both parties will make appearances before the judge to provide status updates.
During these appearances, either party can petition for temporary relief on any of the matters involved in the divorce such as child support or spousal maintenance. A court order will be issued if the judge grants the request and both spouses must follow this court order until a later court order changes this or the final divorce decree is presented to the court. A judge can order the divorcing parties to work with a mediator and mediation attorneys if they cannot come to an agreement on any of these matters.
In this stage, our attorneys will help with the negotiations to achieve a favorable settlement. We will also appear with you in court for status updates and advise you on making temporary relief petitions.
4. Divorce Settlement or Trial
If the divorcing parties can draft a Marital Settlement Agreement that includes terms of the divorce on which they both agree, the divorce process can end here with the judge’s approval. Divorcing couples with children will have to include a Parenting Plan within their settlement that establishes child custody, parenting schedules, decision making responsibilities, access to school and medical records, holiday schedules, child support, etc.
If there is a disagreement on any issues involved in the divorce and a settlement cannot be reached, the divorce will go to trial. During the trial, the attorneys for both parties will argue their client’s case for unsettled issues by presenting evidence, making arguments, and calling witnesses. The final decision on unsettled issues will be made by the judge.
If your divorce case goes to trial, you can count on our attorneys to provide representation in which we will present your case and fight for a favorable settlement.
If you can reach a settlement agreement with the other party and avoid going to trial, then both parties will need to attend a prove-up hearing. During this hearing, the judge will approve the signed Marital Settlement and Parenting Plan and ask each party to confirm that they understand the terms of the settlement and agree to these terms. The judge will then issue the final divorce decree.
Contact Our Schaumburg Divorce Attorneys
Our divorce attorneys at Allen Gabe Law, P.C. have years of experience providing representation through divorce proceedings and we are familiar with each step of the process. We will represent and advise you through every step and appear in court with you to present your case and fight for your best interests.
If you need a divorce attorney in Schaumburg, IL, call Allen Gabe Law, P.C. at (847) 241-5000, Ext 121.
Related Resources and Pages:
Family Law FAQ
Domestic Violence Attorneys
Child Custody Attorneys
Family Law Attorneys
Father’s Rights Attorneys
Prenuptial and Postnuptial Agreements
High Asset Divorce
Post Decree Judgment Enforcement
Tax Implications of Divorce