Looking into divorce in Chicago means learning the specific Illinois laws that govern the process, often with the help of a divorce attorney in Chicago. Divorce in Chicago is governed by a series of rules: The Illinois Compiled Statutes, the Illinois Supreme Court Rules, the Cook County Court Rules, case law, and the standing order of whichever domestic relations judge your divorce case is assigned to. The Statute The Illinois Compiled Statutes (ILCS) is the written substantive law that determines what happens in your divorce in Chicago. Specifically, Section 750 of the ILCS, the Illinois Marriage and Dissolution of Marriage Act, outlines what happens in a divorce to the marital property, marital debts, and the time and responsibilities with the children. I go into the details of the Illinois Marriage and Dissolution of Marriage Act throughout my website so people can research what will happen and what their options are for their divorce in Chicago. Secondary to the Illinois Marriage and Dissolution of Marriage Act is the Illinois Code of Civil Procedure, located in section 735 of the Illinois Compiled Statutes. The Illinois Code of Civil Procedure determines how things will happen in your divorce in Chicago. The Illinois Code of Civil Procedure outlines all the rules and requirements parties, lawyers, and judges must follow in bringing a matter to court, presenting evidence, and asking for relief from the court. The Illinois Code of Civil Procedure applies to all matters brought to a court (this is called “litigation”) in any court in Illinois, not just matters related to divorce in Chicago. Domestic relations courts are notoriously free-wheeling, especially in Cook County, depending on who the judge is. Therefore, civil procedure is not strongly emphasized by divorce lawyers in Chicago.The Illinois Code of Civil Procedure becomes important when evidence starts being presented. Typically, in a Chicago divorce, there are very few facts that are contested. Everyone agrees when they were married what their incomes are, what the assets are, etc. If there’s a disagreement as to the facts, then evidence has to be presented to the court to determine what the facts are. Most divorce lawyers and judges handle issues of evidence in a very casual way, but if any one party insists on following the Code of Civil Procedure, then everyone must follow it. Additionally, 90% of the work in a divorce case in Chicago will be done outside of […]
