As experienced divorce attorneys in Crestwood, the team at the Law Office of Demetrios N. Dalmares & Associates, Ltd., works hard to ensure our clients have the best family law resources and necessary information they require. We understand that a divorce can be a long, drawn-out, and complex process. This is why we make sure that all of our clients completely understand how divorce works and what you can expect during the process. Proper preparation is the key to help minimize the time your divorce takes to complete, the cost, and the correct results.
In order to get a divorce in Illinois, you or your spouse must file a Petition for Divorce with the proper county court. If you retain an attorney, he or she will be the one to draft the petition and ensure that it is properly filed. The person who is filing for divorce is called the Petitioner or Plaintiff. The spouse who is responsible for responding to the petition is called the Respondent or Defendant.
The spouse who receives the petition must file an answer within a specified amount of time, typically thirty (30) days after being served. You can file a counterclaim with the response as well. If no answer is filed, the Respondent will likely be facing a divorce trial following the exact terms as laid out in the Petitioner’s filling. This is called a default hearing or prove-up and is held without the other party present. This is why seeking assistance from a Crestwood divorce attorney after you are served is so important.
In the early stages of an Illinois divorce, it is not uncommon for temporary motions to be filed that will address some issues that cannot wait until the conclusion of the divorce process. Some couples may try to work out their own temporary agreements without the need to go to court. This includes possession of the residence, temporary parenting time, and child support and maintenance.
Discovery is the legal process of gathering information necessary to build your case in the event your divorce proceeds to a trial. You and your attorney will work to gather financial and other personal information about yourself to provide to the divorce court. Part of this means anticipating your spouse’s case, as well, and preparing accordingly.
It is not uncommon for a divorce case to resolve itself on the day of trial, or sometimes during the trial itself. In other situations, the case will resolve long before it reaches the trial phase. There are a number of advantages in receiving a settlement beforehand, including the ability to have more control over the outcome of your divorce.
There is a small percentage of cases that do make it through a divorce trial. If your case is one that makes it to trial, there is no set duration on how long it will last. It all depends on a variety of complex issues, which your attorney can help you understand.
If you are filing for divorce, or you have been served with a divorce petition in Illinois, contact the Law Office of Demetrios N. Dalmares & Associates, Ltd. today to schedule an initial consultation.