I.  Petition for Dissolution of Marriage: In Illinois, divorce proceedings begin when one spouse files a Petition for Dissolution of Marriage and serves a copy on the other spouse.  If you and your spouse live in two different counties, the petition may be filed in either one. The petition contains certain information about you, your spouse, and your requested divorce, some of which includes basic biographical data, such as names and addresses. The "heart" of the petition appears in the grounds for filing.  In Illinois, a couple may file a Petition for Dissolution of Marriage on one of multiple grounds.



To base a Petition for Dissolution of Marriage on no-fault grounds, the spouses must agree that "irreconcilable" differences have destroyed their marriage. In addition, the spouses must have lived "separate and apart for a continuous period in excess of two years." The separation period may be reduced to six months if both parties agree to waive the two-year requirement. This does not mean that the spouses lived in separate households, but rather it refers to the date the marriage broke down.

To base a Petition for Dissolution of Marriage on fault grounds, the petition must state at least one of nine separate grounds allowed by Illinois law. The spouse petitioning for dissolution of marriage will be expected to prove the grounds stated in the petition. Grounds for a fault divorce in Illinois include: impotence, bigamy, adultery committed during the marriage, the other spouse abandoned the petitioner for at least one year, habitual drunkenness for at least two years, "gross and confirmed habits caused by the excessive use of addictive drugs" for at least two years, physical or mental cruelty, conviction of a felony, or the other spouse infected the petitioner with a sexually transmitted infection (STI).
 

After the petition is filed with the court, a copy must be formally served on the non-filing spouse. The filing spouse may serve the other spouse, thru the Sheriff's office but many prefer to use a private process server. A private process server is generally preferred. If your spouse has an attorney, you may serve the attorney with a copy of the petition instead of your spouse.​

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II.  Case Management Conference: In a child custody proceeding, an initial case management conference pursuant to Rule 218 must be held not later than 90 days after service of the petition or complaint is obtained. In addition to other matters the Court may choose to address, the initial conference shall cover the following issues: (1) Parenting Education; (2) Custody and Parenting Plan; (3) Mediation.
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III.  Mediation/Parenting Classes: P​arents must show proof of completion of an approved parenting education program as required by Rule 924, provide a fixed schedule for compliance, or show cause to excuse compliance. If there is no agreement regarding custody or a parenting plan or both, the court willschedule the matter for mediation in accordance with Rule 905(b) and shall advise each parent of the responsibilities imposed upon them by the pertinent local court rules.

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IV.  Status Hearings: The Court schedules frequent and regular hearing called Status Hearing in order to help maintain the flow or progress of a case. This is especially the case when children are involved. Illinois Supreme Court Rule 922 reads as follows: "All child custody proceedings under this rule in the trial court shall be resolved within 18 months from the date of service of the petition or complaint to final order. In the event this time limit is not met, the trial court shall make written findings as to the reason(s) for the delay. The 18-month time limit shall not apply if the parties, including the attorney representing the child, the guardian ad litem or the child representative, agree in writing and the trial court makes a written finding that the extension of time is for good cause shown. In the event the parties do not agree, the court may consider whether an extension of time should be allowed for good cause shown."

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V.  Discovery: Many spouses going through a divorce know very little about their family’s finances, including their spouse’s income and employment bonuses and the family’s assets and debts. If you’re in this position, and you have a very cooperative and honest spouse, getting all of this information should be easy. Unfortunately, divorcing couples often end up fighting over what information needs to be disclosed in the context of the divorce, and for some, obtaining relevant financial information may become harder than pulling teeth. If you're at a loss over what to do regarding your spouse’s refusal to produce information, it may be time for you to utilize a powerful legal tool called “divorce discovery,” which can help you get the information you need from your spouse and even third parties, such as banks, mortgage lenders, and even your spouse’s employer.

After the spouse requesting the divorce (called the “petitioner”) files a “Petition for Dissolution of Marriage,” the other spouse (called the “respondent”) must file his or her response to the petition. Both sides must make sure their divorce paperwork is filed with the court and properly served upon (delivered to) the other spouse. Once this is complete, either side can serve discovery requests and the court can hold hearings and make orders, including orders about the production of information and documents.
Both spouses can, and often do, conduct discovery. The divorce discovery process is controlled by specific Illinois discovery laws which are designed to compel the exchange of information that’s relevant to the particular facts and allegations in a couple’s divorce.

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VI.  Temporary Relief Hearing:

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VII:  Final Pre-Trial:

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VIII:  Final Trial:

   

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The Divorce Process

For the Typical Divorce in Bloomington Illinois