Filing for A Divorce in Illinois: Petition for Dissolution of Marriage
As with any lawsuit filed in court, divorce proceedings “begin” when one or both the spouses file a Petition for Dissolution of Marriage. The Illinois section governing this initiating document is 750 ILCS 5/403.
What Must be in the Petition
The basic requirements are spelled out in the statute.
(a) The complaint or petition for dissolution of marriage or legal separation shall be verified and shall minimally set forth: (1) the age, occupation and residence of each party and his length of residence in this State; (2) the date of the marriage and the place at which it was registered; (2.5) whether a petition for dissolution of marriage is pending in any other county or state; (3) that the jurisdictional requirements of subsection (a) of Section 401 have been met and that irreconcilable differences have caused the irretrievable breakdown of the marriage; (4) the names, ages and addresses of all living children of the marriage and whether a spouse is pregnant; (5) any arrangements as to support, allocation of parental responsibility of the children and maintenance of a spouse; and (6) the relief sought.
Much of this information is required to establish that Illinois (and this court) is the correct place to enter a divorce judgment. The person filing the petition must also verify that the information in the petition is true and correct based on personal knowledge.
Both or One Party Can File a Petition
The Illinois Statute provides that either spouse or both parties can file a petition for divorce pursuant to Section 403(b). This is often used when a divorce has been mediated out of court and the spouses have reached an agreement. Once the mediation is complete, each spouse should hire a lawyer to complete the necessary filings to finalize the divorce and get a divorce judgment entered.
New Changes to the Law as of January 1, 2016
As of January 1, 2016, in contested divorces that go to trial, the court is required (as opposed to discretionary) to separate trial into to two parts.
Irreconcilable Differences. The Court is required to first determine “whether irreconcilable differences have caused the irretrievable breakdown of the marriage” as required by section 401. This is required even if the Parties “agree” on this issue.
Remaining Issues. Once that threshold issue is settled, the Court then can set trial dates for all remaining issues that remain contested between the parties.
Cook County Local Rules
Divorces filed in Cook County must also complete mandatory prejudgment and/or post-judgment disclosure statements. These disclosure statements arise under Local Rules 13.3.1 and 13.3.2 (a post on these will be forthcoming).
These disclosure statements require each party to serve on the other information about their finances and proof of income. This will often require you to disclose recent tax returns and recent pay stubs.
Our approach with each our clients focuses on finding the most tailored solution to a client’s situation. During our initial evaluation of your situation, Maduff’s Divorce Lawyer -Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000