What Are the Steps of Divorce? 

 Posted on March 27, 2026 in Divorce

Few people getting divorced have ever done so before, and that means most people going through it have important questions about what the process actually looks like. If you are considering divorce in 2026, understanding the general steps can help you feel more prepared and less overwhelmed. Divorce follows more or less the same path for everyone, although the exact timeline and specific steps can vary depending on your circumstances.

If you are thinking about getting divorced and wondering what the process involves, our Inverness divorce attorney offers free consultations. We are here to answer your questions whenever you’re ready.

How Does the Divorce Process Start in Illinois?

The process of divorce does not formally begin until one spouse files a petition with the Court. If you are the spouse who files for divorce, you must pay the filing fees and submit a divorce petition with your local clerk of the Circuit Court. The DuPage County Circuit Court Clerk’s office is in Wheaton on County Farm Road. Your attorney will handle most of the process of filing for you.

In your petition, you will ask for what you want regarding important issues like parental responsibilities (child custody), spousal support (alimony), and property division.

Once one spouse files for divorce, the other spouse has 30 days to respond with requests as well. If the responding spouse does nothing, a Judge may order a default judgment in favor of the spouse who filed the petition. This is why it is important for both spouses to take the process seriously from the very beginning, even if the divorce seems straightforward.

You need to understandi the grounds for divorce in Illinois. Under 750 ILCS 5/401, Illinois is a no-fault divorce state that means you do not need to prove that your spouse did anything wrong. The only ground for divorce is irreconcilable differences, meaning the marriage has broken down and there is no reasonable chance of saving it.

What Happens After You File for Divorce in Illinois?

After the petition is filed and served, several things can happen depending on whether your divorce is contested or uncontested.

Contested vs. Uncontested Divorce

An uncontested divorce is one where both spouses have already agreed on all the major issues before filing, including how property will be divided, how parenting time will be handled, and whether either spouse will pay support. Uncontested divorces move much faster and do not require a mandatory waiting period.

A contested divorce is one where spouses disagree about one or more issues. Contested divorces tend to take longer to resolve.

Temporary Orders

While your divorce is pending, either spouse can ask the Court to issue temporary orders. These are short-term rulings that deal with things like who stays in the marital home, how parenting time is divided during the process, and whether temporary spousal or child support will be paid. Temporary orders stay in place until a final divorce judgment is entered. They can make a significant difference in the day-to-day stability of both spouses and any children involved.

Discovery

The discovery period is an important step in which each spouse discloses specific details about finances. This can include income, assets, debts, business interests, retirement accounts, and more. Depending on the case, discovery can be relatively quick or can take many months, particularly if one spouse is not fully transparent about finances. Your attorney can use formal legal tools to compel the other side to produce records if necessary.

Can Divorce Be Resolved Without Going to Court?

Most divorce cases never reach the trial phase. Judges generally encourage spouses to resolve their differences without a trial, and Illinois Courts commonly require parties in a contested divorce to attend mediation before the case can move to litigation.

Mediation

Mediation is a process in which a neutral third party, called a mediator, helps spouses work through their disagreements and reach an agreement. The mediator does not make decisions for you. Instead, a mediator guides the conversation and helps both sides find common ground. Mediation can be ordered by the Court or pursued voluntarily at any point in the process. It is typically faster and less expensive than going to trial, and it gives both spouses more control over the outcome.

Collaborative Divorce

Another option is collaborative divorce, a process in which both spouses and their attorneys commit to resolving the divorce without going to Court. Collaborative divorce often involves working with a team of professionals that may include financial advisors and mental health professionals alongside the attorneys.

The goal is to end the marriage respectfully and with as little conflict as possible. This approach tends to work well when both spouses are willing to communicate in good faith and prioritize the wellbeing of their children.

What Happens If Divorce Goes to Trial?

If mediation and negotiation do not resolve all the issues, or if the case involves factors like domestic abuse that make out-of-Court resolution unsafe or impractical, the case moves to litigation. Before a trial begins, attorneys typically meet with the Judge in a pretrial conference to review the evidence and hear the Judge's perspective on how the remaining issues might be resolved. This sometimes leads to last-minute settlements.

During a divorce trial, attorneys make arguments, present evidence, and may call witnesses. The Judge reviews everything and makes binding decisions on whatever issues the couple could not resolve on their own. A trial gives up a significant amount of control, since the outcome is entirely in the Judge's hands. That is why working toward a negotiated settlement is almost always worth the effort.

Once the Judge enters a final judgment of dissolution of marriage, the divorce is complete. That judgment spells out the terms of the divorce, including property division, parenting arrangements, and any support obligations.

Call a Northwest Cook County Divorce Attorney Today

To understand the likely path your divorce will take, meet with an Inverness, IL divorce lawyer at The Law Office of Nicholas W. Richardson, P.C.. We will help you stay out of Court whenever possible, but we are fully prepared to go to trial if that is what your case requires. Call The Law Office of Nicholas W. Richardson, P.C. at 847.873.6741 for a free consultation.