| Michael E. Byczek, Attorney at Law |
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Step 1. Making Contact There is no cost for an initial consultation to discuss, in general terms, legal services for obtaining a divorce. There are several ways for you and Michael to become acquainted. Instant Messaging Telephone Conversation over Coffee Michael will not ask for any specific information or details about your marriage or financial situation. For example, if your spouse has committed adultery or compiled huge amounts of credit card debt in your name, you will not have to shout out the names or details over a cup of coffee. He will listen to your questions and offer generalized guidance to help you decide the next steps. For instance, he will discuss how long the process takes, whether you qualify for a fault-based divorce or require a period of living separate and apart, the different types of documents required to file with the court, how property is split, child custody, parental visitation rights, and other special issues that you would like answered. During this initial consultation, Michael will explain his fees and try to give you his best effort at approximating the total out-of-pocket expense to obtain a divorce from start to finish. Step 2. Signing a Contract If the divorce is straightforward and you have a good understanding about the judicial system, you have the option to postpone the first face-to-face meeting until the settlement process or a court hearing. For example, Michael will gather all the necessary information from you via e-mail. You can send him back the signed contract along with the fees to get started. He will go to court and start the process. Step 3. First Court Appearance Michael will try to file the papers within two business days of the first meeting, assuming that all necessary details have been disclosed. Based on how cooperative your spouse is with the proceedings, Michael will either request that the Sheriff serve these papers, or will contact him/her directly (or his/her attorney) to start the settlement process. Step 4. Wait for the other side to make his/her first court appearance Your spouse must file an "Appearance" with the court. He/she will have 30 days. Step 5. Settlement Divorcing couples will sign and agree to a "Marital Settlement Agreement" regarding property rights. Michael will work with you (via Internet or face-to-face) to draft a proposed settlement agreement. Michael will send this document to the other side (or his/her attorney) for approval. Most likely, even in a simple uncontested divorce, there will probably be some back-and-forth negotiations. Once complete, both sides will sign and notarize the final agreement and get the original back to Michael for court. If there are minor children involved, then both sides will also have to agree and sign a "Joint Parenting Agreement" Step 6. Court Hearing Once all the documents are signed and notarized, Michael will request a court hearing for the judge to grant a divorce. At this hearing (you may not be required to attend, if you prefer) the judge will review the signed agreements. If approved, the judge will grant you a divorce. If the divorce becomes contested (versus uncontested), the judge will not approve the agreements or make any decisions on this day. Instead, the case will be assigned to further hearings and eventually a trial date. If contested, the divorce and/or child custody arrangements may take over two years to finalize. Step 7. Complete the Paperwork Once the judge approves the divorce, Michael has to wait approximately three weeks to file a copy of the court transcript (unless waived). While your divorce is final, the case is not over until the transcript is filed. When that occurs, your divorce is completely over, subject to any outstanding child custody or other property issues (i.e. refinancing loans). Steps for filing a simple uncontested divorce in Cook County (simplified) Copyright © 2008-2009. Michael E. Byczek. All Rights Reserved. |