If you are going through a divorce for the first time, the process can be confusing and time-consuming. Learning what to expect can allow you to prepare for what is to come.
Filing your petition in Waukegan
Most divorce cases in Lake County begin when one spouse files a Petition for Dissolution of Marriage with the circuit clerk. The petition generally must be submitted electronically through e-filing rather than filed at the courthouse counter.
To obtain a divorce, either you or your spouse must have lived in Illinois for at least 90 days before filing or before the court makes its residency finding. The state recognizes irreconcilable differences as the only ground for divorce, so you do not need to prove that either spouse caused the marriage to end.
Moving forward after formal notice
Once you submit the petition, your spouse must be served with the case documents. The sheriff in the county where your spouse lives can serve the summons and a stamped copy of the petition, or a special process server can serve the documents.
After the sheriff or service provider delivers the documents, the other party has 30 days to file an appearance. If that deadline passes without a response, you can request a default, although the judge must approve it before the case can proceed without your spouse’s participation.
Resolving disputes before trial
As the case moves beyond the initial filings, you and your spouse exchange the information needed to address financial issues. Each of you completes an affidavit and responds to discovery requests that can include tax returns, pay records and account statements. These records help both sides identify and value the assets and debts involved in the divorce.
If you have children, this stage also includes submitting a parenting plan that assigns decision-making responsibilities and establishes a parenting time schedule. When both parties cannot agree on those terms, Lake County rules generally require mediation before the judge considers the dispute, unless family violence or another barrier makes the process unsafe or inappropriate.
Finalizing the judgment
When you and your spouse reach a full agreement, the case usually concludes through an uncontested proceeding known as a prove-up. During an in-court prove-up, either you or your spouse can provide testimony confirming the required facts and the terms of the written marital settlement agreement before the judge enters the final judgment.
How long it takes to reach that point depends largely on the issues you disagree on. Couples who resolve everything may finish within a few months, while contested cases may take a year or longer because discovery, mediation and trial scheduling add time.