When a person files a petition for divorce, called a Petition for Dissolution of Marriage in Illinois, he or she must serve his or her spouse with the divorce petition. This sometimes involves one spouse simply handing the paperwork to the other spouse or it may be accomplished through a process server or other qualified third party. However, there are some circumstances where serving a spouse a divorce petition may be nearly impossible. When a spouse cannot be located, you will need to take special steps in order to be granted a divorce.

Attempting to Find a Missing Spouse

If you want to file for divorce but you do not know where your spouse is, you may be able to serve notice of the divorce through the newspaper. If the spouse still does not respond, you may be able to obtain a divorce without his or her participation. However, before either of those things happen, you will need to make a genuine effort to locate your spouse. You will also need to list all of the attempts you have made to find your spouse in an affidavit and file it with the court. It is recommended that you take at least the following steps to locate your spouse:

If you are considering divorce, you may understandably be feeling a bit overwhelmed and confused. The idea of dealing with the court system can be daunting – especially if you have never stepped foot inside of a courtroom before. Your confusion and anxiety may be exacerbated by well-intentioned friends and family who give you divorce advice that is simply untrue or does not apply to Illinois divorce cases. Fortunately, you do not have to face divorce alone. An experienced divorce lawyer will be able to give you the legal guidance you need to manage this difficult time in your life and move on to a brighter future.

Myth: I Will Need to Prove That My Spouse Did Something Wrong to Be Granted a Divorce

When a married individual files a petition for divorce, called a Petition for Dissolution of Marriage in Illinois, they are essentially asking the judge to grant him or her a divorce. In the past, Illinois had both fault and no-fault grounds, or reasons, for divorce. Fault-based grounds were issues such as infidelity or mental cruelty. However, Illinois has since eliminated all fault-based grounds for divorce. Now, the only available ground for divorce is “irreconcilable differences.”

Technology has changed the way we communicate with loved ones, do our jobs, and generally interact with the world. If you are getting divorced, there are several things you should keep in mind with regard to your digital life. Social media is becoming increasingly relevant in divorce cases and family law disputes. Your use of technology and the Internet may seem unrelated to your divorce at first glance, but there are many different ways that social media, smartphones, email, and other online-based services can impact the outcome of your divorce. In some cases, it can affect spousal maintenance (alimony) and the allocation of parental responsibilities (child custody). 

Change Your Passwords

According to one study, 67 percent of respondents reported that they knew their spouse’s log-in credentials. Even if you and your soon-to-be ex-spouse are on amicable terms, it is still a good idea to change your passwords when you separate from your spouse to maintain a sense of privacy. It may also be helpful to turn off “location sharing” on applications and websites. You may be logged into your email, Facebook account, or your bank’s website on shared devices like tablets or laptops and not even realize it. It is recommended that you change passwords for:

TV shows and movies often depict divorces as dramatic confrontations inside the courtroom. However, the vast majority of divorce cases do not go to trial. Litigation is only necessary when a divorcing couple is unable to reach agreements on issues such as property division, the allocation of parental responsibilities and parenting time, and spousal maintenance. Most divorcing couples are able to resolve these issues through lawyer-facilitated negotiations, mediation, or collaborative law. If a couple cannot reach a settlement, the case may go to trial. 

What Should I Expect During a Divorce Trial?

Divorcing spouses may need to make one or more court appearances during the dissolution of their marriage, even if the couple agrees about divorce issues. However, these court appearances are not the same thing as a divorce trial. During a divorce trial, a judge hears arguments from both sides and then issues a ruling regarding the unresolved issues. Divorce trials do not involve a jury, but they are otherwise conducted similarly to other types of civil trials. 

Before the start of the trial, each spouse and his or her attorney will gather information and evidence that support their arguments. This information-gathering process is called “discovery.” Discovery may involve written interrogatories, requests for admission, depositions, and other means of obtaining information about the facts of the case.

You may not be surprised to learn that arguments about money are one of the main sources of conflict in many marriages. While some spouses are eventually able to reach an agreement about how to handle finances, others are not able to resolve their differences and end up filing for divorce. According to one 2017 survey, about 21 percent of divorced individuals named money as the cause of their divorce. Interestingly, the higher a person’s income, the more likely they were to report financial conflict as the main reason for ending the marriage. About 33 percent of individuals with an income of $100,000 or greater said that money-related disagreements led to the split. If you are considering divorce, and you are worried about the financial actions your spouse may take before the divorce is finalized, you may want to protect yourself by obtaining a financial restraining order.

Freezing Marital Assets During Divorce

Some divorcing spouses may make extravagant purchases, use marital assets recklessly, intentionally damage marital property, or make other financial decisions that harm the other spouse. In order to protect divorcing spouses’ finances, Illinois law allows spouses to obtain a temporary court order that guards marital assets against waste or misuse until they can be equitably divided during divorce. According to Illinois law, a financial restraining order can prevent a spouse from “transferring, encumbering, concealing, or otherwise disposing of any property except in the usual course of business or for the necessities of life.”

This type of restraining order may prohibit spouses from selling marital property, closing bank accounts, or changing the beneficiaries on accounts. Depending on the situation, the restraining order may also restrict spouses’ access to certain marital accounts. The provisions contained in a financial restraining order apply to both spouses, so it is important to note that you will also be subject to restrictions and rules if you choose to obtain a financial restraining order.