In Illinois, a divorce can be referred to as a “dissolution of marriage.”
According to the Illinois State Bar Association, your dissolution begins when you file a Petition for Dissolution of Marriage. Illinois is considered a “no fault” state. Therefore, the grounds for a dissolution of marriage is called “irreconcilable differences.” This means that Illinois does not require specific actions, such as adultery or abandonment, in order for a party to be granted a divorce.
A divorce may be either “agreed” or “contested.” In an agreed divorce, both parties agree to all aspects of the divorce, may it be parenting time, allocation of assets, and division of debts. If the parties are not in agreement to one or more aspects of the divorce, it is considered to be a contested divorce.
The first step in a dissolution of marriage is to file a Petition for Dissolution of Marriage. This will commence the divorce process. If the parties have children, there are two main documents that must be entered to complete the divorce process.
The first is an Allocation Judgment and Parenting Plan. This document outlines parenting time and decision-making for the children. In Illinois, decision-making comprises of educational decisions, medical decisions, religious decisions, and decisions with regard to extracurricular activities.
The second is a Judgment for Dissolution of Marriage. The Judgment for Dissolution of Marriage outlines how the parties will divide assets and debts, including, but not limited to, if there will be a child support obligation, the division of child related expenses, and maintenance.
The parties have an opportunity to work together to enter an Allocation Judgment and Parenting Plan and Judgment for Dissolution of Marriage without the necessity of trial. However, if the parties are unable to agree, the Judge will make a final determination with regard to all pending aspects of the divorce at a trial.
If you are going through a divorce, you should speak to an attorney about the divorce process and your rights.
Please call Denis M. Gravel & Associates, P.C. for a free consultation today at 847-855-8447. Denis M. Gravel & Associates, P.C. is a prestigious family law attorneys’ office, with over 20 years of experience. We would love to assist you today.