At Gerald Cipolla & Associates we work to achieve your goals.  No matter how
complicated your situation is or your may think it is, we will work to uncomplicate it
for you.  We will help to provide you an overview of the process and discuss all of
your options.  Our Divorce Solutions include mediation of all family law issues,
uncontested divorces, and litigation of all family law issues in a contested divorce.  
Below sets forth some of the family law issues we mediate and/or litigate.  
Subsequently, an overview of the uncontested divorce process and the contested
divorce process is provided.  

Litigation should almost always be a last resort.  If the parties cannot resolve their
differences before going to an attorney or their respective attorneys, mediation is
usually a much more cost-effective, efficient, and mutually beneficial method of
resolving differences in family law situations.  Mediation allows the parties to come to
an agreement that they would prefer to live with as opposed to being forced to live
with an agreement set by the court.

Our Family Law Services include

•        Uncontested Divorces
•        Contested Divorce Litigation
•        Maintenance & Spousal Support Issues
•        Child Support
•        Child Custody
•        Visitation Schedules
•        Parenting Agreements
•        Paternity
•        Orders of Protection
•        Advising and Drafting of Prenuptial Agreements

Going through a divorce is one of the most emotional and stressful events a person
can go through.  Not knowing what lies ahead, starting a new way of living can all
create anxiety.  Unfortunately, unfamiliarity with the legal system creates additional
anxiety.  Below is an overview of the divorce process to provide some basic
familiarization.  

The Divorce Process can be broken down as follows:



Unfortunately, not everyone knows that divorces can be amicably dissolved where
the parties can decide and agree upon ahead of time without battling in court on all
matters such as support, custody, visitation, and the division of marital property.  
Uncontested divorces are usually significantly more cost-effective than contested
divorces saving on attorneys fees and emotional trauma.  Once both parties are able
to agree upon all matters, the divorce process becomes much easier than a contested
divorce.  Most cases where there is not a large amount of marital property and no
minor children are strong candidates for uncontested divorces.  Moreover, some
cases where there is marital property and minor children involved are candidates for
uncontested divorces.    

At Gerald Cipolla & Associates we provide flat fees for uncontested divorces that
will take you through the entire divorce process in a fast and efficient manner.  



Contested Divorces are divorces where all issues such as support, custody, visitation,
and the division of marital property are not agreed upon by the parties.  Contested
divorces require the parties to endure the legal process unless a settlement is reached
where the parties are able to agree upon all issues in the division of property, child
custody, support, and visitation.  Before making your decision to go through a long,
expensive divorce litigated in court, please contact us for a fee based consultation to
determine if mediation or litigation might be right for you.  More cases than not,
mediation is the correct approach and it would be mutually beneficial for the parties to
be able to work out an agreement regarding their family than have the court decide on
how your family must live.  

The divorce process in a contested divorce is described below:

The Petition
The first step in the process of divorce is the filing of a Petition for Dissolution of
Marriage. The person who files the Petition is identified as the Petitioner and the
spouse is identified as the Respondent.  The marital dissolution petition is usually very
brief containing basic information.  

In Illinois, divorce can be granted based on either "fault" grounds or "no fault"
(irreconcilable differences). Illinois law sets forth the grounds divorce based upon
fault which are:

•        adultery
•        bigamy
•        physical cruelty
•        mental cruelty
•        desertion
•        drug addiction
•        conviction of a felony
•        impotency.

It is important to note that the majority of cases will be filed based upon irreconcilable
differences (no fault).  If a divorce based upon fault is filed, the “fault” as defined
above must be proven in court.  It is important to note that a Judge does not consider
misconduct of parties in deciding the division of marital property.

Service of Process
Once the Petition is filed with the Court, due process requires that the Respondent be
"served" with the Petition and a Summons to Appear.  

The Response
From the date of being served, your spouse has 30 days to file a written Response to
the Petition.  The spouse in most cases retains counsel very shortly after being served
with divorce papers. If the spouse fails to file a formal Response, the Petitioner may
request that the Court enter a "default judgment."  A default Judgment requires the
Petitioner prove the Respondent was aware of the Petition and failed to respond.  
The consequences of the default judgment are the Judge will divide the marital
property equitably and the divorce will be granted.   

Temporary orders
During the court process for contested divorces the court can enter orders
temporarily deciding issues while the contested divorce case is pending.  For
example, the court may enter temporary orders determining payment of child support,
or who stays in the house (if necessary).  

Discovery
Discovery is the next step in a divorce case and can be the longest phase in some
cases.  Discovery essentially refers to the discovery of the financial assets of the
marital and non-marital property.  The are several types of discovery, mainly written
and oral discovery.  Written discovery utilizes “Interrogatories” whereby written
questions are to be answered by the opposing party.  Both parties can exchange
interrogatories in written discovery.  Another type of written discovery is a Request
For Production Of Documents” which is where one party requests documents from
the other party.  In written discovery it is common for both interrogatories and
requests for production of documents to be utilized together.

The oral version of discovery is called a “Deposition.”  A deposition is where one
party or a witness in the case is placed under oath, usually at an attorneys office and
is required to answer questions asked by the opposing attorney.  A court reporter is
usually present preparing a transcript by transcribing what is said.  If a deposition is
necessary, advance notice is given.    

Many counties in Illinois require a court-ordered financial disclosure form, which is
usually provided by your lawyer.  Many lawyers will request that their client prepare
this document early in the case to have complete information and plan the case
accordingly.

Negotiated settlement
Following discovery, the parties have determined the value of the marital estate
allowing for better and informed negotiations of the estate.  If the parties can agree on
the proper division of the marital assets then a Marital Settlement Agreement (MSA)
will likely be drafted.  Once the parties agree on the terms of the MSA the agreement
will be signed by the parties.  The case is now ready to be presented to the court
along with a proposed Judgment for Dissolution of Marriage by proving up the terms
of the MSA.  In proving up the terms of the dissolution, brief testimony is taken in
court to verify the terms are fair and equitable so that a final divorce decree can be
entered.  

Custody and visitation issues are also issues that the parties negotiate and express in a
parenting agreement.  Many times at the beginning of the divorce case the parties
agree on custody and visitation which may be entered via a temporary order.  A
temporary order will stay in effect until the divorce is final and a judgment is entered.  
If the parties cannot agree on terms of a parenting agreement the parties may be
ordered by the court to mediation.  

Pretrial Conference
In the event the parties cannot agree on a MSA or joint parenting agreement, most
courts will require a pretrial conference.  A pretrial conference is essentially a
settlement conference whereby the Judge inside of the Judge’s Chambers listens to
the arguments from both sides on the issues in dispute and ultimately provides a
recommendation of terms of settlement.  This is important because the Judge’s
recommendations provide an indication of rulings on issues if they were presented at
trial.    It is important to note that most cases settle, but if the case cannot be settled it
will go to trial.  

Trial
At trial, both parties will present their case and the court will decide the issues in
dispute which may include property division and/or custody and visitation issues.  A
trial allows both sides have their day in court and tell their side of the story to the
Judge through testimony and exhibits.  The trial occurs in front of a Judge as there are
no juries in Divorce cases.  After both sides have presented their case to the Judge, a
ruling on the division of marital assets along with child support and custody/visitation
issues will be given.

As you can see, divorce can be a relatively simple and affordable process or
extremely complicated and expensive process.  It all depends on whether the parties
are able to agree on the issues and settle their case quickly, slowly, or not at all.  
During the entire process, our focus is attaining your goals in the most efficient and
cost-effective manner to minimize the pain you are already going through.  To
schedule a fee based consultation please contact us.  

If you believe your case may require litigation please contact us for a fee based
consultation  Our consultation fee will be applied to your legal bill if you decide to hire us
within 5 days of the consultation.
GERALD CIPOLLA &
ASSOCIATES
MEDIATION, FAMILY,  REAL
ESTATE  AND IMMIGRATION
LAW SERVICES
Professional Mediation, Family, Real Estate and
Immigration Law Services
We Provide Excellent
Cost-Effective
Mediation & Legal
Solutions To Your
Problems.
Uncontested Divorce
Contested Divorce = litigation