How Do I Get Divorced?

You May Be Asking How Do I Get Divorced?

While planning a wedding can be exciting and easy, and you can get a lot of help, planning a divorce is more difficult. Remember that day that you signed your marriage certificate and you filed it with the court? Well, you entered into a civil contract, which has given you the opportunity to file joint tax returns, to be each other’s beneficiaries for retirement plans, to be each other’s health care power of attorney and to be eligible for each other’s social security benefits.

When getting a divorce, you need to go back to the civil court It’s not a surprise to the average person how difficult and scary it is to navigate the divorce court process. Judges, Lawyers, Clerks, Court Etiquette. We’ve seen it on tv and in the movies, and maybe in person with our own speeding ticket.

In divorce, you have to request that the court dissolve your civil contract. This is called a dissolution of marriage. The department in the civil court is called domestic relations or family court. When you go to court, in most states, you will need to spend time in front of a judge. The judge will hear you, so this meeting is called a hearing. During the hearing, you will provide proof such as irreconcilable differences, which is the only reason for divorce in Illinois. Because you're providing proof, this hearing is called a prove-up.

You May be Wondering What Will the Judge Be Looking For.

The judge will be looking for a package of documents, which include certain court forms and your Parenting Agreement, if you have minor children, and Financial Agreement, which includes income and expenses and assets and liabilities (what you own and what you owe). You don’t need to immediately file with the court for an appointment with the judge, before you have completed these documents. If you do, you will be required to have a monthly appointment check in with the judge (which will cost you time, money and anxiety) to share how you are coming along with your case.

You May be Wondering How to Get an Appointment with a Divorce Judge.

Well, one person needs to lead with the process and petition the court for a date. This person is the “petitioner” and they file a Petition for Dissolution of Marriage. The other person will file an Appearance, responding to the petition. They are simply acknowledging that they understand that there is a case that requires their attention. They are known as the “respondent.” All of these filings can be done online. If you have decided on everything and have no conflict, you can request an uncontested hearing. And, then you will be assigned your prove up date. Your paperwork is ready for the hearing. You have your appointment. You are all set! The divorce process is that simple.

See the step by step process on our FAQs page.