What Does the Divorce Process Look Like in Illinois?

 Posted on September 19, 2025 in Illinois Divorce

For some people, even thinking about the divorce process can be overwhelming. The subject tends to conjure up images of long, drawn-out courtroom hearings and dense paperwork for both parties. A St. Charles, IL divorce lawyer can help break down the process in a digestible way, serving as a source of counsel and legal advice.

At Weiler & Associates, Inc., our attorneys have decades of family law experience. Over the years, we have handled all manner of divorces, ranging from amicable breakups to highly contested cases. We are prepared to help you negotiate for an ideal resolution, but if necessary, we can represent you in litigation.

Filing for a Dissolution of Marriage

The divorce process begins with one spouse filing for divorce in the circuit court of his or her local county. In order to petition for divorce, either spouse must have been a resident of Illinois for at least 90 days prior to filing. 

The only recognized grounds for divorce in Illinois are irreconcilable differences. If the other spouse agrees, divorce proceedings can begin. If not, the spouses living separate and apart for six months creates the presumption of irreconcilable differences (750 ILCS 5/401). Your attorney can file for divorce on your behalf or respond to divorce papers.

Accounting for Marital Assets in Your Divorce

When you and your spouse divorce, you will have to get a detailed accounting for all of your property. This is known as the discovery process, and its importance cannot be overstated. The point of discovery is to give both spouses a clear idea of the assets and liabilities in the marriage. This ensures that both parties are negotiating with the same information.

Discovery is also used to value complex properties and uncover hidden assets. As a Certified Financial Litigator, Attorney Tim Weiler can help you get together a comprehensive accounting of your assets, protecting your rights to your property.

Agreeing on the Terms of Your Divorce

If you and your spouse are in total agreement about how to handle the issues in your divorce – including the division of property, spousal support, and child custody – you can sign a marital settlement agreement. If a settlement cannot be reached, the judge may order you to go to a judicial settlement conference to resolve the contested issues in your divorce with your attorneys. A judge can also order you to attend mediation with a third-party mediator to reach compromise with your spouse.

In most cases, a divorce settlement is the most efficient option in regard to time and money spent. However, in more troubled divorces, a trial may be necessary. Our firm can provide you with fierce advocacy in litigation, arguing for a favorable verdict in court.

Contact a Kane County, IL Divorce Lawyer

The divorce process can be made much easier with a skilled legal representative at your side. At Weiler & Associates, Inc., we are here to guide you through the dissolution of your marriage step-by-step. Call our St. Charles, IL family law attorney at 630-331-9110 to arrange an initial consultation.