Guide on How a Divorce Process Work

How Does the Divorce Process Work in Illinois? – Navarro Family Law, LLC

You will want to get familiar with the divorce process if this is the first time you are going through a divorce. It will allow you to know what to do to get on with the process until it is finalized. You will know what is going on when the family law attorney updates you on the progress of the case.


The first step of a divorce process is telling your spouse that you decide to end the marriage and move out of the residence. You can separate with your spouse for a trial period. Perhaps you will change your mind and decide to reconcile afterwards. In trial separation, the assets and debts will continue to be jointly owned.

To file for divorce, you must meet the separation requirement in which the couple is required to live and sleep in different locations throughout the separation period. Getting back together can reset the clock. During a legal separation, you can set up a temporary agreement for the division of the property as well as child and spousal support. You will be the owner of the asset or debt that you have accumulated during the separation.

File a Petition

If you decide to proceed with the divorce, you will have to file a petition in the state where you and your spouse live. The petition is called the Complaint about Dissolution of Marriage. You need to submit the forms and the appropriate paperwork to the attorney. You are not permitted to ask the court personnel legal questions. Couples who are divorcing can seek counselling from family law lawyers in Arlington if they have some legal questions. When you file for a petition, you are required to state a reason for the divorce. In many states, you can choose one of the available options such as irreconcilable differences. The petition also requires you to list the properties that will be issued following a divorce such as a house and vehicles.

Notify Your Spouse

You will have to notify your spouse after filing the complaint. The court will require proof of the formal notification which is the voluntary appearance document. If your spouse did not sign the document, he or she must formally respond within a specific timeframe. If there is no answer from your spouse, the judge will grant you all the things you stated in the complaint. It can be one year away until the trial so there is often a temporary hearing to solve issues like temporary custody, use of marital home and vehicle, health insurance, and alimony.

Settling the Divorce Through a Settlement

The most difficult part of the divorce is how the property and debts will be divided. It is usually outlined in the settlement agreement. You can compose the settlement agreement yourself or hire a lawyer for it. If you hire a family law attorney, he will help you to gather all the financial information and other information required for drafting the settlement agreement. The lawyer can meet with your spouse and negotiate the settlement terms on your behalf.