Chicago Divorce Laws

Chicago divorce cases are governed by the same statutory law as other cases within the state of Illinois.  The particular Act is the Illinois Marriage and Dissolution of Marriage Act.  It is commonly referred to as the IMDMA.

A Chicago divorce case begins by filing a Petition for Dissolution of Marriage.  This can be done at the office of the Clerk of the Circuit Court, located at 50 W. Washington Street, Room 802, Chicago, IL.  Once filed, the Petition must be served upon the respondent.  This is typically done by the Sheriff of Cook County; however, it may be done by the use of a special process server.  Once the respondent is served, he has thirty days from the date of service to file an appearance.  An appearance is a one page document which indicates that a party is submitting to the court’s jurisdiction.  The respondent will then answer the Petition by providing responses to the allegations contained in the Petition.

Once the Petition is filed, the respondent is served and an answer is filed, the case progresses at varying degrees of speed.  Some cases can resolve within six to nine months.  Other cases can drag on through the court system for literally years.  The reasonableness of the parties and their respective attorneys will be the determining factor in how long a divorce case takes.  The more contested the case in terms of real estate property, business property, retirement accounts and all of the child related issues, it is more likely that the case will lengthy.

Very few Chicago divorce cases actually proceed to a trial.  Most cases will eventually settle with neither party feeling particularly pleased.  Some would argue that such a settlement is the best that could be accomplished under the circumstances of divorce.  

For statistical information regarding Illinois divorce cases, see Illinois Divorce Cases Back to What is a Chicago Child Custody Lawyer?