Deciding to file for divorce is often only the beginning of the process. Many spouses want to know what happens after filing, how long the case may take, and what to expect before the marriage is officially ended.
While every divorce is different, most cases follow a general process.
Step 1: Filing the Petition
A divorce generally begins when one spouse files a Petition for Dissolution of Marriage with the court.
The petition provides information about the marriage, children, property, and the issues the spouse wants the court to address.
In Cook County, divorce cases are handled through the Domestic Relations Division of the Circuit Court of Cook County.
Step 2: Notifying the Other Spouse
After the case is filed, the other spouse must receive proper notice of the divorce proceeding.
The responding spouse then has an opportunity to appear in the case and respond to the petition.
Step 3: Temporary Issues
Some families need court orders while the divorce is pending.
Temporary orders may address issues such as:
- Child support
- Parenting time
- Spousal maintenance
- Use of the marital home
- Payment of household expenses
These orders are generally intended to provide stability while the divorce is ongoing.
Step 4: Financial and Parenting Issues
The spouses may exchange financial information and work to identify their assets, debts, income, and other financial interests.
If children are involved, the parents may also need to establish parenting arrangements and determine child support.
The complexity of these issues can have a significant effect on how long the divorce takes.
Step 5: Negotiation or Settlement
Many divorces are resolved through an agreement rather than a trial.
The spouses may negotiate issues such as property division, the family home, retirement accounts, maintenance, child support, and parenting arrangements.
If an agreement is reached, the case can move toward a final hearing.
Step 6: Trial if the Case Is Contested
If the spouses cannot agree on important issues, the case may become contested.
A contested divorce can involve additional hearings, discovery, negotiations, and potentially a trial where the judge decides the remaining disputed issues.
These cases generally take longer than divorces where the spouses reach an agreement.
Step 7: Final Judgment
Once the necessary issues have been resolved, the case can proceed to a final hearing or prove-up.
The court reviews the proposed Judgment for Dissolution of Marriage and any related agreements or orders. If the legal requirements are satisfied, the judge enters the judgment.
The judgment officially ends the marriage and establishes the terms of the divorce.
How Long Does a Divorce Take?
There is no single timeline for every Cook County divorce.
An uncontested case may move relatively quickly once the necessary agreements and documents are completed. A contested divorce involving significant property, financial disputes, or disagreements about children can take considerably longer.
The court’s schedule and the complexity of the case can also affect the timeline.
What Happens After the Divorce Is Final?
After the judgment is entered, the spouses may still need to complete certain tasks.
These can include transferring property, selling or refinancing the family home, dividing retirement accounts, updating beneficiaries, and following parenting and support orders.
Final Thoughts
A Cook County divorce generally moves from filing the petition through service, temporary orders, financial and parenting issues, settlement or trial, and finally the Judgment for Dissolution of Marriage.
The timeline depends on the circumstances of each family. Understanding the process can help spouses prepare for the decisions ahead and avoid unnecessary surprises as the case moves forward.
If you have questions about your divorce process or are unsure which approach may apply to your situation, it is important to understand your options early.
The Law Offices of Patrick Markey, P.C., are located at 180 Stetson Avenue, Suite 3500, in Chicago, Illinois. You may call us at 312-223-1764 to discuss your situation
I help clients minimize the destruction of divorce whether it be through the collaborative law model, the court process or mediation. My focus is on complex family law cases and representing professionals and their spouses who value a proactive solution orientated approach to their divorce. Our policy is to provide prompt responses and regular status updates to clients. Keeping the client informed about their cases is the highest priority. We as a firm are accessible when needed. Clients want a speedy resolution to their divorce or family law matter without sacrificing the best possible outcome. I am a strong advocate of the Collaborative Law and mediation dispute resolution methods for their ability to custom-craft solutions, minimize conflict and usually reduce the time of a case. Not only are we experts on family law, but we understand the impact of divorce on children and we help client’s develop co-parenting relationships. Clients deserve to be treated with kindness and empathy during this difficult time. We as a firm represent clients in a professional, ethical manner. The firm uses the latest technology to save time and make the client’s experience easier.
Recognition:
*Selected as an Illinois Super Lawyer by Super Lawyers Magazine for 2024. This distinction is limited to the top 5% of lawyers in each practice area. In 2015, selected as a “Rising Star” which is only granted to 2.5% of lawyers. Super Lawyers has a patented multi-phase process that includes independent research, peer nominations and peer evaluations.
* Chicago Bar Association Milton H. Grey Award for Outstanding Project Leadership (2012).
Involvement
*Collaborative Law Institute of Illinois (CLII) Executive Board Member
*Center for Conflict Resolution (CCR) Volunteer Mediator
*Chicago Bar Association Judicial Evaluation Committee