So divorce, in a typical, you know, what I call the common understanding of divorce in Illinois, is when someone files a petition for dissolution of marriage. People say, “I’m filing for divorce,” or “I’m filing my papers.” That’s that petition for dissolution of marriage. It’s a two- or three-page document you file with the court, which will give you a case number, assign you a courtroom, and assign you a judge. Then, you’ll have a process server, like the sheriff or someone, who serves the other party. They hand them their papers, and they’ve officially been served. That person then has 30 days to respond to the summons, meaning they need to file an appearance or hire an attorney.

That’s how a traditional divorce starts. After that, you have what’s called the discovery process, which is a fancy term for an exchange of financial documents. This is usually where a divorce can get pretty bogged down and can feel a little arduous for the client because, if it is contested at all, it is important and ethically required to exchange financial information before finalizing a divorce. Then, you have different things that can happen in court, like motions and hearings.

The other way we approach divorce, which I highly recommend if possible, is what we call Cooperative divorce. In this case, someone comes to me and says, “Look, my spouse and I want to get a divorce. We’ve been married seven years or however many years, we don’t want to fight, we’re in agreement, we’re amicable, and we just want to go our separate ways.” In that scenario, I wait to file in court and do not start the traditional process until we’re already in full agreement.

In this way, I work with my client and their spouse to create what’s called a marital settlement agreement. That is the document used to get divorced. If we can get it agreed upon and signed, then once I file the petition for dissolution of marriage and get a courtroom and a case number assigned, I go right in and ask for what’s called a “prove-up,” which is the finalization of a divorce. We fill out a few of the prove-up package documents, go in, and finalize the divorce. If both parties are in agreement, I can get a divorce finalized within a couple of weeks.

Obviously, this process is way less expensive and far less stressful. Both parties usually agree to waive the discovery process or opt for a much more minimal discovery process. Instead of years of scrutinizing every account, mortgage, or car they’ve ever had, they do a financial disclosure, which is a financial affidavit that discloses their assets and debts. They sign it under oath, and we use that to finish it up.