Michael E. Byczek, Attorney at Law

		Steps in a Simple Uncontested Divorce in Cook County Step 1: File Initial Paperwork with Court - Cover Sheet - Petition for Dissolution of Marriage - Certificate of Dissolution - Affidavit as to Military Service - Summons - Court Fee  Step 2: Arrange for Sheriff to Serve Other Party - Copy of Petition and Summons - Sheriff's Fee to serve the other spouse. Step 3: Wait for Other Party to Respond The other spouse will typically have 30 days to file an Appearance with the Court and pay a separate fee. Step 4: Financial Disclosures The court requires that each party disclose their financial assets and liabilities to each other, along with copies of the last two years of federal and state tax returns, most recent pay stub, and records of other income. Step 5: Negotiations In an uncontested divorce, both parties must sign a written agreement that details how property will be distributed (called a “Marital Agreement”). If there are minor children, then both parties must also sign a “Joint Parenting Agreement” for child support, custody, and visitation. Step 6: Request a Court Date File a motion and corresponding documents that show both parties are in agreement and that all issues are uncontested. Typically, a hearing will take place one or two weeks later. Step 7: Finalize the Divorce At the Court hearing, a judge will review the “Martial Agreement” and/or “Joint Parenting Agreement”. The parties may not be required to attend, but if they do, each may be put under oath to answer questions about the agreements. If the judge is satisfied, the divorce will be granted. The divorce is now final. Step 8: File Transcript Unless waived, a copy of the court transcript must be filed within 28 days. The Cook County Court Reported charges a per page fee for the transcript. The case is now closed. Note If the parties are unable to reach an agreement with respect to property and/or parenting, then these issues will go to trial/hearing approximately three months after the appearance is filed. This is referred to as “contested” divorce. Copyright © 2008-2009. Michael E. Byczek. All Rights Reserved.