A dissolution of marriage or divorce is when one or both of the married parties live in DuPage County and petition the court to dissolve the marriage. In other words, one of the parties takes a step to formally end the marriage. The divorce process in DuPage County is the same. Each case starts with a Petition for Dissolution of Marriage, then the parties enter the Discovery phase and the case ends with a Judgment for Dissolution of Marriage. If the parties have children, they will need an Allocation Judgment, which determines decision making and parenting time for the children. The actual time from the filing of the Petition until the Judgment varies in each case depending upon several items. For example, the length of the marriage, whether there are children, and the assets that must be divided can all impact the process. A diligent attorney from Reidy Law Office LLC can help guide you through the process regardless of your specific circumstances.
The divorce process begins with one party filing a Petition for Dissolution of Marriage. To file for divorce in DuPage County, you can go online and submit the petition yourself. You could also go to any attorney that practices in DuPage County who can then file for you. The other side is then legally notified of what is going on in the case and that a petition to file for divorce was submitted. This legal notification is either done voluntarily by the other party by them filing an Appearance, or the Petitioner must serve the other party with the Petition along with a Summons, which is legal notice of a court proceeding.
Once both parties are aware of the intention to end the marriage, the process will go to discovery, negotiations, and temporary motions. This is where you will work towards agreements on the issues involved.
At the end, you will have a final decision. Either you and your former spouse will reach an agreement on your own or the judge will make a decision. If you are able to independently reach an agreement, the judge will review the document to see if it is fair to both parties and approve it.
Mediation and litigation can play important roles in a divorce. Mediation is typically used for resolving issues involving the children. Often, before the parties go to the judge to have the judge make a decision, parents want to do everything possible to make a decision on their own.
Mediation can help the parents understand both the pros and cons of different agreements. Ultimately, this should help them reach an agreement that works for both parties.
Most divorce cases are considered contested, or at least they start “contested” and end up “uncontested.”. This means that the parties have not agreed on every issue at the beginning of the case. Contested cases can turn uncontested as the parties reach agreements. However, the process can be more complicated as the parties must work towards agreements.
In an uncontested divorce, the parties have agreed on everything in writing. In this scenario, you only need to bring the written agreement to the judge and have it approved. Therefore, the process for an uncontested divorce is typically much faster than the process for a contested divorce.
How quickly the DuPage County divorce courts work through and finish cases depends on several factors. For example, you and the other party’s ability to agree generally moves a case faster. Other factors include the complexity of the issues and the schedules of everyone involved. For more information, check out our video explaining the factors influencing the length of your case.
Divorce can be a complicated process because of the emotions involved. Regardless of whether both parties want to end the marriage, it can still be difficult. This is why is important to work with a dedicated DuPage County lawyer who can help guide you through the divorce process. Call Reidy Law Office LLC today.