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DIVORCE PROCESS

 

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In Illinois, a divorce is officially called a “Dissolution of Marriage” – a term used by the courts and on all legal papers. A divorce is commenced by the filing of a Petition for Dissolution of Marriage. The spouse who files is called the Petitioner. The responding spouse is called the Respondent.

Usually, the Respondent needs to be personally served by a Sheriff or a private process server in order for the Court to have jurisdiction. The Respondent will then need to file an Appearance with the Court, either pro se (representing oneself) or through an attorney. The Respondent must also file a document known as an Answer or Response admitting or denying the allegations of the Petition.

If the Respondent cannot be located or evades service, the court will generally still enter a divorce and or award custody but will not enter an order regarding property rights, support or maintenance.

Following the initial filing for divorce, if attempts at settling the matter fail and the issues remain contested, a divorce case can be divided into three phases:

1. Temporary Issues Phase

Temporary Issues Phase - temporary custody, support, maintenance, physical protection issues and injunctions protecting property and money;

2. Discovery and Investigation Phase

Discovery and Investigation Phase – this is usually the longest phase of the divorce and the most important as its sets the framework for the Judgment and your future rights and/or obligations;

3. Resolution Phase

Resolution Phase – negotiations followed by settlement or trial before a judge.

Contact Us to set an appointment. The consultation is free. We look forward to working with you and we know you will be pleased with our services.

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It gives us a genuine satisfaction to meet and help you in some meaningful way. 

 

The entire staff of the McDermott and McDermott Law Firm is knowledgeable and sensitive to your needs.  

 

Their focus is on making the process as comfortable as possible

  • They explain everything to you, 
  • keep you informed,  
  • include you in the decision making process,  
  • and always return your phone calls.

Your matter is handled as expeditiously as possible without compromising your rights.

 

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Family Law
Specialty  Areas

Family Law Overview

Annulment

Seperation

Grounds for Divorce

Divorce

Property Rights

Maintenance

Paternity

Visitation

Custody

Child Support

Adoption


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