Frequently couples who are seeking a divorce try to make their own agreements. Sometimes it works and sometimes it degenerates into argument after argument.

If you’ve practiced divorce long enough you know that people frequently come very close to making a final agreement and then everything blows up. Here’s some ideas about how to stop that from happening:

1. You and your spouse should sit down and try to see what you actually can agree to in writing, without making a final commitment to it. Sometimes trying to finalize with signatures puts too much pressure on the other spouse and the whole deal blows up. What you want to do is come up with the things you can actually agree on. In other words, a starting point.

After more than 35 years of practicing divorce law, I began to think of the fundamental question that people should be asking themselves and that is: WHAT KIND OF DIVORCE MAKES MOST PEOPLE HAPPY? 

Divorce is a complex process and it is not uncommon for the people going through it to have a lot of questions. It is essential to get an answer to these so that you fully understand the divorce process and ensure your rights are protected. Below are some of the most frequently asked questions about divorce and family law in Illinois.

How Long is the Separation Period in Illinois?

Illinois does not have a mandatory separation period. If you or your spouse does not agree to the divorce, you may have to live separately and apart from them for six months. After that time, the court will assume that there are irreconcilable differences. You do not have to physically separate from your spouse, but you must live independently of them. If you and your spouse do agree to the divorce, you can divorce immediately.

Can We Settle the Divorce Out of Court?

Many divorce cases do settle before they go to trial. If you and your spouse can agree to all terms, you do not have to proceed to trial. However, you will still have to appear in court at least once so a judge can approve the final terms of the divorce. While you and your spouse both have a right to be at the final divorce hearing, but only one of you is required to appear.

With so much uncertainty in our world created by the COVID-19 health crisis, many Illinois residents have put their life plans on hold. For some people this includes filing for a divorce that they know is inevitable. Let’s take a look at some of the common reasons that people are waiting for the pandemic to end before filing for divorce and why waiting might not be necessary. We will also address some reasons why filing now might actually be to your advantage

Common Assumption #1: The Divorce Courts Are Closed

Many couples believe that they cannot obtain a divorce because the Illinois divorce courts are not open and a divorce case cannot be filed.

NOT TRUE: the counties that we where we routinely practice divorce and paternity law are open and actively hearing cases. Cook county, DuPage County, Will County, Kane, Kendall counties are all open for business. Dissolutions of Marriage, including post dissolution cases as well as paternity (parentage cases) for unmarried parents of minor children are now available.

Good news: Yes, indeed you can get a divorce in DuPage County Illinois right now. The DuPage divorce courts are open for business. In fact, now might be a good time to get a divorce since there are fewer divorce cases being filed.

I’ve heard the DuPage divorce Court is Closed Due to the pandemic. What can I do to get a divorce now in DuPage County?

Here’s what’s going on: in DuPage County, the same number of Divorce Judges are now available to resolve Divorce cases as there were before the pandemic but fewer cases are being filed.

Recently, the biggest change in the divorce cases in DuPage County is that DuPage divorce Judges will conduct them remotely using “Zoom.”  Person to person, face-to-face trials are fast becoming obsolete, a thing of the past.

Although each judge may make the decision that a case should be conducted in person and safety policies have been put into place. In practice, so far, there have been very few face-to-face trials for a good reason, not just a pandemic, it is simply easier on the Judge as well as the divorcing couple.

Our law firm has been practicing divorce law for more than 30 years. Over that time we have seen a complete rewriting of the Illinois divorce laws, including doing away with grounds for divorce which used to be an excuse to have a separate trial just to see if the divorce was going to be granted and then the court would proceed to divide assets and assign debt. Likewise, guidelines now exist for child support, maintenance [alimony] as well as written laws as to how assets are to be divided and debts to be assigned. All of these things have been calculated to make the divorce process as streamlined and rapid as possible so it comes as no surprise that the courts will make use of Zoom and not to require in person trials.

Getting a divorce is stressful for anybody, and seems even more overwhelming during these uncertain times. But don’t let everything that is currently taking place in the world, discourage you from moving forward. The attorneys and staff at Martoccio & Martoccio will ensure your divorce is given the attention it deserves and someone that you can rely on. To schedule a free consultation with one of our knowledgeable attorneys, call our office today at 630-920-8855.