Having a basic overview of what to expect in a Cook County divorce can help you feel more prepared. Generally, divorces follow a basic pattern but the specific process will depend largely on the specific facts. For example, whether you have children, the amount of assets you must divide, and the level of contention can all impact the process. Regardless of your specific situation, a diligent divorce lawyer can help you through the process.
The first part of a divorce is the opening of the case, which starts with one spouse’s divorce petition and giving the other side notice. They have to make sure the other party is aware of what is happening and then they move into discovery.
During discovery and temporary motion, they have the opportunity to find out as much about the other side as possible. They can review all the financial documents of the other side and ask them any questions that may arise. What this process will entail is unique to the case. During this period, they also may have temporary motions if there are certain issues that must be handled in the short term so the parties can work towards an agreement such as a parenting schedule.
Negotiations are also ongoing throughout this process. During this time, they would be working with their attorneys to determine exactly what should happen in the divorce. As they are working through the negotiations and the discovery, they are working on creating a proposal that can ultimately be presented to the court as a final agreement. This agreement must cover everything from plans regarding any children to the complete division of assets. If the couple cannot reach an agreement on any of these issues, they may have to bring the case to mediation or litigation.
A couple files for divorce by starting a petition for the dissolution of a marriage. There are forms that are available online that a person can fill out to begin the process. The petition is also filed online.
However, the person filing must then have their spouse served. To get the person served with notice of the divorce, they have to get a process server or use the sheriff in Cook County to physically bring the documents to the other party.
A divorce process in Cook County can take any length of time from start to finish. It depends and there is a variety of factors that might influence how long the case goes such as whether it is contested, the amount of assets the couple has, and whether children are involved.
For example, the process differs between contested and uncontested divorces. When a divorce is uncontested, it is going to move a lot faster because there is nothing to fight about. When it is contested, it takes longer because the parties must continue until they can reach a final agreement.
If you are considering a divorce, you probably want to know what to expect. While the divorce process varies largely based on the specific circumstances, an attorney can provide an overview of the divorce process in Cook County. With the help of a dedicated lawyer from Reidy Law Office LLC, you can make the process as smooth as possible. Call today to learn more.