how to file for a divorce in illinois without a lawyer

How to File for Divorce in Illinois

1. Get the Proper Divorce Forms. The first step to starting the divorce process is filling out and submitting several forms at your county court.
2. Gather Information. If you have children, there is additional information you will need to provide, including custody arrangements and child support.
3. File the Forms. ...
4. Serve your Spouse. ...
5. Make Financial Disclosures. ...

More items...

Full Answer

How to do your own divorce without a lawyer?

Draft your divorce petition.

• A declaration that you meet the residency requirements;
• The dates of your marriage;
• Your grounds for divorce;
• Children of the marriage;
• Declarations about property and debts; and
• A request for a divorce.

Can I go through a divorce without an attorney?

If your divorce is expected to be mutually agreeable, civil, and uncontested, it might be advantageous to go through the divorce process without an attorney (pro se). Doing so can save you money and make the process less adversarial. Follow these guidelines if you decide getting a divorce without a lawyer is right for you.

Should you get a divorce without a lawyer?

You'll need to decide whether:

• you can handle your own divorce case through a do-it-yourself (DIY) method
• you want to try mediation (with or without an attorney) to resolve disputed issues, or
• you need to hire an attorney to represent you through settlement and/or in court.

How do you file for divorce without an attorney?

The Divorce Filing Process

• Fill out the necessary form. ...
• Make sure to file the petition with the court clerk of your specific county. ...
• After waiting for about 60 to 90 days, you can go and pick from the county clerk the signed judgment on your divorce. ...
• When you complete the above steps, you are almost through with filing for your divorce. ...

Can I file for divorce in Illinois without a lawyer?

Spouses in Illinois have the option to settle through a process known as mediation, which allows parties to file for divorce without a lawyer. Mediation negotiations allow both parties to mutually agree on relevant issues.

Can I file for divorce on my own in Illinois?

But you can file for a divorce by yourself. The process is not very complicated if you and your spouse agree on the terms of your divorce, including how your property will be divided. It may be best to speak to an Illinois divorce attorney, however, if your divorce is more complicated.

What is the fastest way to get a divorce in Illinois?

The fastest way to get a divorce in Illinois is to get a joint simplified divorce. There are specific requirements on who can get one of these divorces. The second fastest option is an uncontested divorce.

How much does it cost to file divorce papers in Illinois?

Divorce filing fees in Illinois can range from about $210 to $388.

How can I get a divorce without going to court?

If your partner disagrees with the divorce or the grounds for divorce you may need to go to court. However, before you go to court you will be encouraged to try alternative dispute resolution, such as mediation, arbitration or collaborative law.

How long do you have to be separated before divorce in Illinois?

six monthsHow long do you have to be separated before you can get a divorce in Illinois? You must be separated from your spouse for six months in order to file for divorce in Illinois.

What is a wife entitled to in a divorce in Illinois?

Divorce laws in Illinois allow either party to receive alimony payments (or spousal support/maintenance payments). The court determines the amount of alimony as well as the duration based on numerous factors. Fault and marital misconduct are not among them.

Can you get a divorce without the other person signing the papers?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

Can you get a divorce online in Illinois?

Once you're ready to start the divorce process, you can find Illinois uncontested divorce forms online, through Illinois Legal Aid, or through your local courthouse.

Can I get divorced without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

How much is uncontested divorce in Illinois?

In Illinois, it costs approximately $350 to file for divorce, depending on the county in which you are filing. You can visit your local court website to find the exact amount you will be required to pay.

What is a no fault divorce in Illinois?

Illinois is a "no-fault" divorce state. The days of having to prove adultery, abuse, or habitual drunkenness are gone. You can get divorced in a day; there is no waiting period. If your spouse objects, you must wait six months and prove the other elements.

Can you file for divorce online in Illinois?

Once you're ready to start the divorce process, you can find Illinois uncontested divorce forms online, through Illinois Legal Aid, or through your local courthouse.

How much does a uncontested divorce cost in Illinois?

Illinois Filing Fee This number only constitutes basic court fees, so while it is possible for an uncontested divorce to cost only $350, a more complicated case will pose additional expenses and cost considerably more.

Can I get divorced without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

Does it matter who files for divorce first in Illinois?

Does It Matter Who Files First In An Illinois Divorce? There is no grand strategic advantage to filing for divorce before the other person files. The person who files first is labelled “the Petitioner” and the other party, whether they file or not, is labelled “The Respondent.”

How to contact Illinois divorce lawyers?

Call (312) 757-8082 now to get Immediate help with your divorce or family law issue. Or click here to download Illinois divorce forms to get started on your own. Call for Immediate Assistance (312) 757-8082. or fill out the form below to book a consult. Tell Us More - Optional.

How long do you have to live in Illinois to file for divorce?

If you or your spouse has lived in Illinois for at least 90 days, you will be able to file for divorce. To do it yourself without a lawyer, you’ll need to file a petition for dissolution of marriage at the county courthouse where you live. The specific paperwork you’ll need will change depending on if it’s contested or uncontested, ...

What is a do it yourself divorce?

A DIY divorce is when you file all the paperwork with the court and make decisions about all the aspects of a divorce without the help of an attorney. In most cases, this is done in low-conflict divorces where the couple agrees on property division, child custody and support, and all other parts of the divorce.

What happens if you can't agree on divorce papers?

If you can’t agree on every aspect of the divorce, they may order mediation to help you and your spouse come to an agreement.

How much does it cost to file a divorce case?

Filing costs vary from county to county, but you can expect to pay a minimum of $250 for the basic filing fee. If you need to serve papers to a missing spouse or are ordered to attend mediation there can be additional costs. To find out more, consult the county clerk’s office in your county.

Why do people do DIY divorces?

The idea of a DIY divorce is to save time and money. But if you’re unsure of the process or make mistakes, it might end up costing you more in the end. When in doubt, consult an experienced family lawyer.

How long does it take to get divorce in Illinois?

How long does it take to get a divorce in Illinois? A divorce can take anywhere from six weeks to 18 months to be fully finalized. Times can vary dramatically depending on whether your divorce is contested, if you have children, or if the other spouse is present.

How to get divorce in Illinois?

The divorce process in Illinois begins with the filing of the Petition for Dissolution of Marriage. This legal form notifies the courts that you wish to divorce your spouse. After obtaining a Petition for Dissolution of Marriage, you should fill out the form completely.

What happens when you file for divorce?

When you file for divorce, you become the plaintiff in this legal procedure, and your spouse becomes the defendant. You are legally obligated to notify the defendant that the Petition for Dissolution of Marriage has been filed.

What can a mediator do before divorce?

Prior to a divorce filing, a mediator can also provide legal advice to help you and your spouse produce a settlement agreement. This prevents the need to hire expensive attorneys and enter protracted negotiations. The court may recommend a mediator, or you can research available mediators in your area.

What are the sticking points in contested divorce cases?

In the vast majority of contested divorce cases, the main sticking points involve property distribution, alimony or child custody. If you believe that your spouse may argue for greater consideration in one of these issues, you should learn how Illinois statutes and courts govern decisions regarding these matters.

How long does it take to respond to a divorce petition?

Response to the Petition. Once your spouse has been served with the divorce papers, they have 30 days to respond to the petition. This is most often provided in the form of a Response to the Petition. The Response to the Petition may confirm or deny the allegations made in the Petition for Dissolution of Marriage.

What happens if my spouse disagrees with my divorce?

If your spouse, however, disagrees with points in the Petition for Dissolution of the Marriage or files a Counter Petition, you have a contested divorce. You should strongly consider hiring an attorney to manage your case if your divorce is contested.

How to serve divorce papers?

Service of Process. You may provide legal notice to your spouse in the following ways: Use the local sheriff of your spouse’s jurisdiction to serve the divorce papers. A fee may be required. Hire a private process server to deliver the papers. The most popular method of service is to mail the divorce papers via mail.

DIY Divorce: Is It a Right Option for You?

As a much easier process than a traditional litigated divorce, uncontested divorce provides divorcing spouses more flexibility. In particular, it makes it possible to apply for a divorce with little or no legal aid.

Divorce Over the Internet

An amicable uncontested divorce in Illinois typically requires only a prove-up hearing, that is, a court hearing when the judge grants a divorce based on the couple’s agreed-upon terms. So, in such straightforward cases, legal paperwork often becomes the crucial and most challenging part of the process.

Filing For Divorce in Illinois

When the settlement agreement is signed and the rest of the papers are ready, the filing process is the same for all. The only difference is that self-representing litigants bear full responsibility for their paperwork, compliance with court requirements, deadlines, etc.

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What is the process of divorce in Illinois?

A Guide to Filing for Divorce in Illinois. In Illinois, the process of getting a divorce is actually known as a dissolution of marriage. From start to finish, this can be stressful and highly emotional, especially when someone does not understand how the process works. If you are contemplating a dissolution of marriage in Illinois, ...

How long does it take to get an uncontested divorce in Illinois?

There is no formal waiting period to have an uncontested divorce granted in Illinois. The steps you are required to follow means that you can go through an uncontested divorce in as little as two months from start to finish. But if you are going through a contested divorce, there may be a six-month waiting period.

How much does it cost to file for divorce in Illinois?

Costs vary from county to county in Illinois, but a petitioner can expect to pay between $150 and $300 to file paperwork that starts a divorce action. To get an exact cost, you will need to contact the county’s circuit clerk where you intend to file paperwork.

How long does it take to get divorced?

But if you are going through a contested divorce, there may be a six-month waiting period. It will depend on your jurisdiction. On the flip side, if you are in a hotly contested divorce with many issues to resolve, a divorce could take one to two years, or even longer, depending on the circumstances of your case.

How to set the tone for divorce?

Gathering important financial information. You can set the tone for how your divorce will proceed from the outset if you approach the task of gathering information the right way . Doing so can save you time, money and stress in the long haul.

What is the preferred method of service in Illinois?

Sheriff’s service. This is the preferred method of service in Illinois. After the sheriff has served your papers to your spouse, you will receive a proof of service document which you must then file with the court. Service by special process server. (must receive court permission) Service by publication.

Do you need to cite irreconcilable differences?

You only need to cite irreconcilable differences as an irretrievable breakdown of the marriage. Just as in a civilian divorce, once paperwork has been filed in Illinois to begin a divorce, copies must be served on a spouse to give him or her a chance to respond.

How long do you have to live in Illinois to get divorced?

To get a divorce, one spouse must have lived in Illinois for at least 90 days. You do not need to file for divorce where you got married. A married couple can get divorced if they can prove to a judge there are " irreconcilable differences " between them.

What happens if both spouses can't agree on divorce?

However, if both spouses cannot come to an agreement, the divorce process will take much longer and be more costly.

What is an uncontested divorce?

An uncontested divorce means that the spouses agree to not only getting a divorce, but to all the issues involved in the divorce. Some spouses might qualify for a joint simplified divorce. There are specific legal requirements for this type of divorce. But if you qualify, your case can be finished more quickly.

What does "custody" mean in Illinois?

Children. The judge will also set rules for spouses that have minor children (under 18 years old). The judge will decide parental responsibilities ("custody") . This covers parenting time and decision-making power. The terms "custody" and " visitation " are no longer used in Illinois in divorce cases.

What is the order called when a divorce is decided?

At the end of a divorce case, a judge will issue an order called a "decree," or " judgment ," which officially ends the marriage. The divorce judgment will cover the issues below.

How long do you have to take parenting classes after divorce?

This class teaches parents ways they can avoid hurting their children during the divorce. Both parents must take this class within 60 days after the first meeting with the judge.

Can a person file for divorce?

If a person wants to end a marriage, they can file for divorce. In a divorce, the court ends the marriage and all of the legal benefits that are a part of that marriage. A divorce can be contested (spouses do not agree) or uncontested (spouses agree). An uncontested divorce means that the spouses agree to not only getting a divorce, ...

Get Your Divorce Forms Completed Online

Preparing divorce documents with OnlineIllinoisDivorce.com allows you to save time for more vital tasks. You just need to complete the online questionnaire, providing our system with all the relevant information concerning your divorce case.

Online Divorce Without a Lawyer in Illinois

Using our Online Divorce service, you can avoid paying thousands of dollars in lawyer’s fees for uncontested divorce paperwork. So, Online Divorce is a great alternative to doing a straight DIY-divorce. It allows you to get the necessary help while avoiding trips to the courthouse and dealing with paperwork.