What Are The Types Of Divorce?
At Shyama S. Parikh, P.C., our attorneys have more than 40 years of combined experience assisting clients throughout Illinois with all aspects divorce. There are three broad categories of divorce:
- Agreed divorce:
An agreed divorce is the quickest and least expensive way to get divorced. This option consists of the spouses reaching their own agreement regarding allocation of parental responsibilities, parenting time, child support, asset/debt division, maintenance, etc. Our office would be retained by one spouse to draft the appropriate documents and appear in court. The other spouse may want to retain counsel to review the documents, but they do not have to. In addition, the other spouse may want to attend court on the final court date, but do not need to. We have completed an agreed divorce in as little as two weeks and for a minimal, flat fee. This is a good option for parties that are able to reach an agreement on their own, and want to finalize the matter quickly and cost-effectively.
- Publication divorce:
A publication divorce is meant for those that cannot locate their spouse, after making diligent efforts to do so. This option consists of the filing of a Petition for Dissolution of Marriage, meeting all of the criteria regarding age, residency requirement, grounds, and the separation period. An affidavit will be prepared and filed that identifies the efforts made to locate the missing spouse as well as lists their last known address. A publication notice will be drafted and will be published in a local newspaper for 3 consecutive weeks. After the passage of the default date in the newspaper ad, a Motion to Default date and final court hearing can occur in order to finalize the divorce. The court does not have personal jurisdiction of both parties in this type of divorce so the relief granted will be limited.
- Contested divorce:
The most common type of divorce is the contested divorce. A Petition for Dissolution of Marriage will be filed and it will be placed for service on the other party. Once your spouse is personally served, there is a period of 30 days in which the Petitioner often waits to give the Respondent an opportunity to appear and participate. If there is no participation after 30 days have passed, a motion to default can be filed and a divorce can be finalized a few weeks thereafter. If your spouse participates, whether they represent themselves or obtain an attorney, we can begin working on a settlement. If no agreement regarding the children is reached, you will be ordered to mediation. If no agreement is reached in mediation, the court may appoint either a Guardian ad Litem, Child Representative or a Section 604.10 evaluator. In addition, discovery may be conducted by the parties. Discovery is the request for information and documents. The court will also conduct a case management conference within 90 days from the date of filing and set a Trial date with various deadlines. The court can hear issues while the case is pending and also conduct a pre-trial conference to give recommendations on settlement. If an agreement is reached, a judgment for dissolution of marriage is prepared and a prove-up hearing is conducted to finalize the divorce. In the alternative, the court will conduct a Trial and make a decision to resolve the case.
Understanding An Agreed Divorce
An agreed divorce consists of both parties reaching their own agreement regarding allocation of parental responsibilities, parenting time, child support, asset/debt division, maintenance etc. Our office is retained to help draft the necessary documents, file the appropriate forms, and appear in court to finalize your case.
We have completed an agreed divorce in as little as two weeks and for one flat fee. This is a good option for parties that are able to reach an agreement on their own, and want to finalize the matter quickly and cost-effectively. The thought of being divorced or legally separated in a matter of weeks and for one low, flat fee is very appealing to many families, especially those that have children and want to maintain a working relationship, or those that have minimal assets/debts/income.
What To Know About Contested Divorce
A divorce, or dissolution of marriage, is often contested. The case starts with the filing of a Petition for Dissolution of Marriage and personal service upon your spouse. If the location of your spouse is unknown, service can occur via publication. If there is no participation by your spouse after 30 days have passed since being personally served, a motion to default can be filed and you can obtain a divorce a few weeks thereafter.
If your spouse participates, whether they represent themselves or obtain an attorney, we can begin working on a settlement. If no agreement regarding children is reached in the first few months, you will be ordered to mediation. If no agreement is reached in mediation, the court may appoint either a guardian ad litem, child representative or a section 604.10 evaluator.
In addition, discovery may be conducted. Discovery is the formal request for information and documents. The court will also conduct a case management conference and set a trial date. The court can hear issues while the case is pending and also conduct a pretrial conference to give recommendations on settlement. If an agreement is reached, a judgment for dissolution of marriage is prepared and a prove-up hearing is conducted to finalize the divorce. In the alternative, the court will conduct a Trial and make a decision to resolve the case.
Contact A Family Law Attorney Today
We can help you determine which type of divorce is best for you. Attorney Shyama S. Parikh is a court approved Mediator, Guardian ad Litem, Child Representative, and Parenting Coordinator and can help guide you through the process based on her experience. We will educate you and advocate for you tenaciously from beginning to end. To request your free initial consultation, please call our Waukegan office at 847-557-1517 or send us an email.