Divorce FAQ

If a wife wants to resume her maiden name or former name, the Court, in the dissolution judgment, will restore the right to use that name. If, however, the wife wants to continue using her married name, she may do so if she likes.

Like any other judicial order, a judgment for dissolution will be enforced by the Court. Persons who willfully refuse to comply may be sent to jail for contempt of court or fined.

After a petition for dissolution has been filed with the Court, a Court may order either party to pay temporary maintenance or child support until the proceedings are completed. Additionally, under appropriate circumstances, a Court may grant a temporary restraining order or injunction prohibiting either or both parties from concealing or disposing of property, from abusing the other party, or from removing the children from the area or the state. To obtain these temporary orders, the party must file a petition with the Court with an affidavit reciting the facts necessitating the temporary relief. Before or after a petition for dissolution has been filed, a separate petition for order of protection from domestic violence may be filed and an order of protection served on the other spouse.

The dissolution order may contain provisions concerning payment of attorney's fees and costs. The Court may order each party to pay his or her own attorney's fees and costs or may order one party to pay all or part of the spouse's fees and costs. The decision of the Court is based on the respective financial resources and needs of the parties. Each of the parties is responsible for any fee arrangement made with his or her own attorney. It is advisable that the client discuss fees with the attorney at the outset of the case, including questions of hourly rates, court costs, the fee responsibility of the other spouse, and the effect of reconciliation or termination of the attorney's services.

An action for dissolution is similar to other lawsuits. A petition for the dissolution is filed with the Court by one spouse (who is called the plaintiff/petitioner). The petition is served on the other spouse (who is called the defendant/respondent) who must file an answer to the petitioner with the Court within 30 days. If the defendant/respondent cannot be found, a notice of the suit is published in the local newspaper. If the defendant/respondent fails to answer within 30 days, the dissolution may proceed by default without the defendant/respondent having an opportunity to protect his or her rights.

If the defendant/respondent is in default or if the parties have agreed to the terms of support, custody, and property division, a brief court hearing is held in which the plaintiff/petitioner testifies, called a “prove up.” The resulting agreements are submitted to the Court for approval and then become part of the dissolution judgment. If the dissolution is contested, a trial is held and the judge decides any unresolved questions of support, custody, or property division.

This means that the legally married couple is not engaged in typical marital activities. There are multiple factors that can prove that you are living separate and apart. A married couple may live in the same home and still be living separate and apart.

As for timing until a judgment for dissolution may be entered, the parties need only live separate and apart for at least six months.

As of January 1, 2016, new statutory legislation provides that there does not need to be any “grounds” for a divorce. That means that there are no more claims for mental cruelty, abandonment, adultery, or eight other archaic grounds. Essentially, so long as one party wants a divorce, the Court will grant it.

One of the partners must reside in the State of Illinois when the suit is filed and for 90 days prior to the date the Court enters a judgment of dissolution of marriage or legal separation.

A dissolution of marriage (commonly called divorce) is a court proceeding that terminates a marriage, divides marital property between the partners, and provides for maintenance, child custody, and child support.