Filing for divorce is often the hardest step. Once the paperwork is submitted, many people expect immediate answers, but the process moves in stages. The first 30 days after filing set the foundation for everything that follows, including custody, finances, and property decisions.
At Hirsch Law Group, we guide clients through these early stages so they know what to expect and can make informed decisions from the very beginning. Understanding what happens next can ease anxiety and help you avoid mistakes that could slow your case or create unnecessary conflict.
You’ve Filed the Petition: Understanding the Legal “Clock”
Once your divorce petition is filed with the court, the legal process officially begins. This filing starts several important timelines that control when your spouse must respond and when the court can take action.
At this point, nothing about your marriage has legally changed yet. You are still married under the law until a judge enters a final judgment. The early phase is mainly about notifying your spouse and preparing financial and legal information so the court can manage the case properly.
Step 1: Serving the Papers (The Service of Process)
After filing, your spouse must be formally notified that a divorce case has been opened. This is known as service of process. Illinois requires proper service before the court can move forward.
Methods of Service in Illinois
There are several acceptable ways to serve divorce papers:
- Personal service by the sheriff or a private process server
- Service by a special appointment approved by the court
- Waiver of service if your spouse agrees to accept the paperwork
Proper service is critical. If it is done incorrectly, your case can be delayed or dismissed.
What Happens if My Spouse Can’t Be Found?
If your spouse cannot be located, the court may allow alternative service methods. This can include service by publication in a newspaper or other court-approved steps. These situations often require court permission and careful documentation of your efforts to locate your spouse.
Step 2: The 30-Day Response Window
Once your spouse is served, they generally have 30 days to file a formal response with the court.
The Importance of the “Appearance and Answer”
Your spouse’s response usually includes:
- An Appearance, confirming they are participating in the case
- An Answer, stating whether they agree or disagree with the claims in your petition
This response helps define which issues are disputed and which are not.
The Risks of a Default Judgment
If your spouse does not respond within the required time, the court may allow you to proceed without their participation. This is called a default judgment. While this can move a case forward, it still requires court approval and evidence supporting your requests.
Step 3: Mandatory Financial Disclosures
Illinois law requires both spouses to share all financial information early in the case.
The Illinois Financial Affidavit
Each spouse must complete a Financial Affidavit listing income, expenses, debts, and assets. This document plays a major role in decisions about:
- Child support
- Spousal maintenance
- Property division
Why Full Transparency Is Required Under the IMDMA
The Illinois Marriage and Dissolution of Marriage Act requires honest and complete disclosure. Hiding income or assets can seriously harm your case.
Avoiding Contempt of Court and Sanctions
Failing to disclose financial information properly can result in court penalties, including fines or rulings that favor the other spouse.
Gathering Your Documents: A Quick Checklist
Helpful documents to gather include:
- Recent pay stubs
- Tax returns
- Bank statements
- Retirement account statements
- Credit card and loan records
- Mortgage or lease agreements
Being organized early can make the process smoother and less stressful.
Step 4: Establishing Temporary Orders
Divorce cases can take time. Temporary orders help manage day-to-day issues while the case is pending. These orders may address:
- Parenting time and custody
- Child support
- Spousal maintenance
- Who stays in the marital home
- Payment of household bills
Temporary orders provide structure and stability until final decisions are made.
Step 5: The Initial Status Date with the Judge
The court will schedule a first status hearing to confirm that service was completed and that both sides are participating. At this stage, the judge may:
- Set deadlines for financial disclosures
- Refer the case to mediation
- Schedule future court dates
This hearing is more about organization than argument, but it plays an important role in moving the case forward.
Protect Your Future with an Experienced Illinois Divorce Attorney
The first month after filing for divorce is often the most challenging and emotionally difficult. Important deadlines begin, financial issues surface, and temporary arrangements may be put in place. Having legal guidance early can help you avoid missteps and make informed choices about what comes next.
If you have just filed for divorce and are unsure what comes next, speak with an experienced lawyer who can walk you through your options. Call (815) 473-3672 or contact us online to schedule a confidential consultation.
Frequently Asked Questions
How long does a divorce take in Illinois?
It depends on whether the case is contested. Uncontested cases can move more quickly, while disputes over custody or property can take several months or longer.
Do I have to go to court right away?
Not usually. The first court date is often a brief status hearing. Major issues are typically handled later.
Can I move out during the first 30 days?
Possibly, but moving out can affect property rights or custody issues. It is best to get legal advice before making that decision.
What if we agree on everything?
If both spouses agree, the case can proceed as an uncontested divorce, which is usually faster and less expensive.
Can my spouse empty bank accounts after filing?
Illinois courts can issue orders preventing either spouse from wasting or hiding marital assets.
Do I need a lawyer during this stage?
Legal guidance can help ensure deadlines are met, documents are accurate, and your rights are protected from the start.