By Marvin Mendez, Divorce and Family Law Attorney

It’s been a while since I’ve written about what happens when a person gets served with divorce papers. Below are some practical steps to help you feel organized and confident throughout the process. And while being practical is good, divorce is emotional—there’s just no way around it. Taking time to care for your mental, physical and emotional well-being should remain a priority as you move forward, one day at a time.

1. Carefully Review the Papers: These documents—often called a “petition for dissolution of marriage” or “summons”—outline the details of your spouse’s request for divorce, including their grounds for divorce, proposed division of assets, and any request for child custody, support, or other issues. Your attorney will walk you through the documents line by line, but it can be helpful to get your bearings and prepare questions in advance.
2. Seek Legal Advice: Consult with a divorce attorney as soon as possible. An experienced attorney can provide invaluable guidance and representation throughout the divorce process, helping you evaluate your options and develop a strategy to protect your interest. Do not take legal advice from your friends and family!
3. Understand Your Rights: Under Illinois divorce law, you have the right to respond to the divorce petition within a specified timeframe—usually 30 days from the date you were served. It’s essential to familiarize yourself with your legal rights regarding asset division, spousal support, child custody, and other relevant matters. This is an area your attorney can greatly assist you with.
4. Gather Documentation: Begin organizing assets related to your marriage, finances, and other relevant matters. This may include income statements, tax returns, bank statements, property deeds, and documentation related to children you have together. Compiling this information is an important step to helping your attorney build a solid case.
5. Consider Attorney Assisted Mediation or Negotiation: Depending on your situation, you may wish to explore alternative dispute resolution methods such as mediation or negotiation. These options allow you to resolve issues outside of court and are often conducive to more amicable relationships. They are typically more efficient, cost-effective, and less adversarial than litigating in court.
6. Prepare for Court Proceedings: If negotiation or mediation aren’t options, your divorce may proceed to court. In this case, you’ll want to prepare to attend hearings, present evidence, and support your position before a judge. And remember—a good attorney is your guiding light and will be by your side, every step of the way.

Providing Excellence, Compassion and Strategic Support

It is my passion to help my clients achieve a fair and favorable outcome in divorce. If you’ve been served, don’t wait. I can help you protect your rights and navigate the legal process.

Reach out today to learn more about how I can support you. We can meet at our new office at the Davis Center in Evanston, or at our offices in Chicago or Oak Brook. Start by requesting a free consultation or calling (847) 868-9584.

Schedule time with Marvin