What to Expect During the Dissolution of Marriage Process: Key Legal Considerations

Divorce - legally known as the “dissolution of marriage” in Illinois - is one of the most emotionally and legally intricate events a person can go through. Whether the split is amicable or contentious, the process can feel overwhelming without the proper guidance. That’s where an experienced family law attorney comes into play.

At Smolka Law Group in Palantine, Illinois, we’ve helped countless clients through the ins and outs of dissolution of marriage proceedings. Here, we’ll walk you through what to expect during this process, breaking down the key legal considerations that can significantly impact your rights, your finances, and your future.

Reviewing the Grounds for Divorce in Illinois

As of 2016, Illinois is strictly a no-fault divorce state. This means that the only legal ground for the dissolution of marriage is “irreconcilable differences.” The law no longer permits fault-based divorces for reasons such as adultery, cruelty, or abandonment. To prove irreconcilable differences, one spouse simply needs to show the following:

• The marriage has broken down irretrievably.

• Efforts at reconciliation have failed or wouldn’t be in the best interest of the family.

If the spouses have lived “separate and apart” for at least six months, Illinois law presumes that irreconcilable differences exist. Notably, “separate and apart” does not necessarily mean living in different homes - it can also mean leading separate lives under the same roof. Our family law attorneys can help you understand the intricacies of the grounds for divorce in Illinois.

Filing a Petition for Dissolution of Marriage

The divorce process officially begins when one spouse (the “petitioner”) files a petition for dissolution of marriage” in the circuit court of the appropriate county - usually where either spouse resides. This is a key area your attorney will help with. The petition must include basic information, such as the following:

• Names and addresses of both spouses

• Date and location of the marriage

• Grounds for dissolution (irreconcilable differences)

• Information about any children of the marriage

• A request for relief (property division, custody, support, etc.)

Once filed, the other spouse (the “respondent”) is served with the petition and has 30 days to file a written response. If they don’t respond, the court may grant a default judgment. When you choose Smolka Law Group, you can be sure our firm has a track record of high-quality work when it comes to the petition for dissolution of marriage.

Requesting Temporary Relief Orders

Because the dissolution of marriage process can take several months - or longer in contested cases - many important matters can’t wait until the final judgment. To provide stability and fairness during this interim period, either spouse may request temporary relief orders from the court, which are designed to provide immediate solutions for critical issues such as:

• Temporary child custody and parenting time

• Child support or spousal support (maintenance)

• Exclusive possession of the marital home

• Payment of household bills

• Protection from harassment or abuse

These temporary orders remain in effect until the final judgment is entered or modified by the court. Our attorneys at Smolka Law Group can help determine if it’s in your best interest to request any of these temporary relief orders for your situation and will answer any questions you may have as we work through this step of the process.

Disclosing Financial and Personal Information

One of the most critical phases of a divorce case is the discovery process, which is a legally mandated exchange of financial and personal information so that both parties have a clear and complete picture of the marital estate. This step is essential for promoting fairness and transparency. Discovery typically includes the following types of documentation:

• Financial affidavits

• Tax returns and pay stubs

• Bank account and credit card statements

• Retirement and investment accounts

• Business ownership interests

• Real estate holdings and debts

Full disclosure is legally required. If either spouse attempts to hide or misrepresent assets, they may face serious legal consequences, including fines or loss of favorable terms in the final settlement. It’s important to be transparent with your attorney during this step of the dissolution of marriage process. 

Distributing Marital Property Equitably

Illinois follows the principle of equitable distribution, meaning marital property is divided in a fair, though not necessarily equal, manner. Our attorneys can help you understand what this might mean in your case. The court considers a range of factors when determining how to divide property, including the following:

• The length of the marriage

• Each spouse’s income and earning potential

• Contributions to the marital estate (financial and non-financial)

• Whether one spouse sacrificed career opportunities

• Custodial arrangements for any children

• Any valid prenuptial or postnuptial agreements

Marital property includes most assets and debts acquired during the marriage. Non-marital property, such as inheritances or assets owned before the marriage, is generally not subject to division unless it has been commingled. These property items will be discussed in detail when you work with one of our attorneys at Smolk Law Group.

Confirming Spousal Support (Maintenance)

In Illinois, spousal support is referred to as maintenance. The court may order maintenance to help a financially disadvantaged spouse transition to self-sufficiency. This area is important as you move forward from the dissolution of marriage. It’s important to know what to expect at this point in the process. There are two major types of maintenance:

• Temporary maintenance: This is granted during the divorce proceedings

• Longer-term or permanent maintenance: This is included in the final divorce decree

Guideline maintenance applies when the combined gross income of both spouses is below $500,000, and neither spouse pays support to a former partner. It’s calculated by taking 33.3% of the payor's net income, minus 25% of the recipient’s net income, and capped at 40% of the couple’s combined net income. Some circumstances allow deviation by the court, such as:

• Each spouse’s needs and resources

• Duration of the marriage

• Standard of living during the marriage

• Age, health, and employability

• Contributions to the other spouse’s education or career

Determining Child Custody and Allocation of Parental Responsibilities

In Illinois, the term “custody” has been replaced with allocation of parental responsibilities. This refers to the legal process of determining how decision-making authority and parenting time will be divided between parents after a separation or dissolution of marriage. Illinois courts are guided by the best interests of the child standard, considering factors such as:

• The child’s needs and wishes

• The relationship between the child and each parent

• The parents’ ability to cooperate

• Any history of abuse or neglect

• The child’s adjustment to home, school, and community

Parenting duties are one of the most emotionally charged elements of the dissolution of marriage process. Parents are encouraged to submit a parenting plan, ideally through mediation. This can be facilitated through our attorneys. If you and your spouse can’t come to an agreement, the court will make a determination after a full evidentiary hearing.

Going to Trial and Receiving a Final Judgment

If all attempts to settle fail, the case proceeds to a trial. An experienced attorney is especially important if this is the case. Each party presents evidence and witness testimony, and the judge makes decisions on all contested issues. After trial, the judge enters a judgment for dissolution of marriage, which finalizes the following:

• Division of property and debts

• Maintenance

• Allocation of parental responsibilities

• Parenting time

• Child support

This judgment is a legally binding court order. Violating its terms can result in enforcement actions, including fines or jail time. Be sure to discuss all of the elements of the final judgment with one of our attorneys so that you understand what the expectations are. It’s important to ask clarifying questions at this point in the process.

Speak With a Dissolution of Marriage Attorney Today

Divorce marks the end of one chapter, but is also the beginning of another. Understanding the legal process can provide a sense of control and empowerment during a challenging time. At Smolka Law Group, we provide family law services to clients in Palantine, Illinois. If you’re in need of an experienced dissolution of marriage attorney, contact our firm today. We’re here to guide you through the process from start to finish.