The divorce process in Kankakee County begins with one party filing a petition and ends with a judge approving a final agreement. However, what happens between these steps will depend on the specific circumstances. To better understand the process, it is important to work with a well-versed divorce lawyer who can serve as a guide.
The divorce process in Kankakee County involves three major parts. The beginning is when one party files their petition to get the process started. There are a few ways a person could file for divorce in Kankakee County. They could do it themselves using the Illinois Supreme Court approved forms that are available online. Alternatively, they could have an attorney prepare those documents for them. Whether an attorney should help depends on the specific circumstances. Once the divorce is filed the petitioner gives the other side notice by either voluntarily showing up and telling them or serving them, which is the legal procedure to make sure that the other side knows what is going on.
Once they file the petition and serve the other side, the parties move into the next step, which is discovery. That is when each person has the opportunity to find out information about the other side. For example, they could ask for documents that illustrate the other side’s finances. At this time, they may also request temporary orders such as temporary spousal maintenance.
The final phase of the case is when the final judgment is entered. This will happen in one of two ways. If the parties can agree, they will create a written document and present it to the judge. The judge will most likely approve that document and then will formalize the divorce. If they do not agree, they may have to have a trial. They present their evidence to the judge, and the judge makes a final decision, enters a judgment, and divides their assets.
The process differs between contested and uncontested divorces because contested usually is a much longer process. In that discovery phase, they are a lot more documents asked for as well as more temporary motions. An uncontested divorce usually has fewer temporary motions and less discovery. Also, an uncontested matter ends with a judge approving the agreement reached by the parties. If a divorce is contested, it would end at trial.
The length of divorce process depends on the specific circumstances. There is a Supreme Court rule that says no case should take more than 18 months if it involves children, but every situation is unique and it could take less time or it could take longer. It depends on the parties and the issues involved. Sometimes there are valid reasons why a case takes longer.
For example, if the parties want to sell their house to determine how they are going to divide proceeds and the house takes a long time to sell, their divorce may take longer. It also comes back to the willingness of the parties to agree. The more they agree, the faster the case goes. An attorney can further discuss factors that may impact the length of a divorce.
The specific process involved in a divorce in Kankakee County will depend on your unique circumstances. For example, whether you have children, the level of agreement between the sides, and the amount of assets that must be divided will all have an impact on the case. For the help you need with your divorce, call Reidy Law Office LLC today.