how to file for divorce without a lawyer in illinois

^{At a very high level, here's how you can divorce in Illinois without a lawyer:}

• First, you and your spouse both agree to mediate your divorce. Illinois divorce mediation will only be an option for you if both of you are willing to mediate.
• Next, you need to learn about the cost of divorce mediation as well as how to find a good divorce mediator.
• Once you've chosen a mediator and started the process, you will gather and provide your mediator with a series of financial documents, forms and worksheets commonly referred to as discovery.
• Your mediator will review your discovery and then, you, your spouse and your mediator will schedule a time to meet either in-person or in an online divorce mediation format.
Over the course of 1 to 4 sessions, your divorce mediator will actively guide you and your spouse through a series of discussions and negotiations on all necessary issues (parenting ...
As agreements are reached on these matters, your mediator will draft a document called a Memorandum of Understanding (MOU) memorializing them.
When mediation is completed, you will file your divorce in one of four ways (two of the ways do not involve a lawyer).

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 you get divorce in Illinois without a lawyer?

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.

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.

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

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

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

The fastest way to get a divorce in Illinois is to get an uncontested divorce. This requires that you and your spouse agree on all issues. If you can get your spouse to sign an Entry of Appearance, Waiver and Consent form (Form-540-Entry-of-Appearance-Waiver-and-Consent.

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

An uncontested divorce in Illinois is relatively cheap because it is agreed – meaning there is no fighting in court. Below is a basic explanation of the process: Meeting with a divorce lawyer: As your divorce lawyer, I will interview you and determine the relevant information. Meeting in person is often not necessary.

How long does divorce take in Illinois?

In Illinois, there is no mandatory waiting period for an uncontested divorce as long as you meet the residency requirements. A contested divorce usually has a waiting period of six months. Overall, finalizing a divorce in Illinois can take anywhere between 2 months and a year.

Can you get divorced for free?

With your court fees covered, DIY is the only method of obtaining a free divorce, but it's only viable if you and your spouse agree to the divorce and the reasons why you're getting one.

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

Under Illinois divorce laws, a judge will divide marital assets and physical property based on equitable distribution. This means the court will split property fairly. Keep in mind that this does not mean a straight 50/50 division based on the value of property and assets. Instead, the judge will weigh certain factors.

How do you initiate a divorce?

The procedure for mutual divorce in India is as below:Step 1: Petition to file for a divorce.Step 2: The parties must appear before the court.Step 3: Record statements under oath.Step 4: The first motion will be passed.Step 5: Final hearing of the petition.Step 6: Verdict on the Divorce.More items...•

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.

How much does a uncontested divorce cost 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.

How Long Do You Have to Be Separated Before You File for Divorce in Illinois?

There is a "separate and apart" waiting period intended to allow the parties to cool down and reconsider the decision to divorce. In Illinois, this...

How Much Does It Cost to File for Divorce in Illinois?

The cost of filing a divorce in Illinois depends on whether you have an attorney. Your attorney's fees will depend upon how complicated your case i...

Do You Need an Attorney to File for Divorce in Illinois?

Like all legal proceedings, it's always best to have an attorney to get the best outcome. But you can file for a divorce by yourself. The process i...

Is There a Faster Way to Get a Divorce in Illinois?

If you and your spouse don't have any children, have little money, and agree on everything, Illinois courts may allow you to have what is called a...

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.

How long do you have to live in Illinois to file for no fault divorce?

To file a no-fault dissolution of marriage, you or your spouse must have lived in Illinois for at least 90 days and lived separately from each other for at least two years. Notably, Illinois law doesn't require separated couples to live in different households.

What is divorce in Illinois?

Divorce in Illinois is referred to as "dissolution of marriage.". Illinois offers two types of divorce: fault-based and no-fault divorces. In a fault divorce, one spouse must prove that the other spouse engaged in marital misconduct that led to the divorce. In a no-fault divorce, you don't have to prove that your spouse caused the breakup.

What is the name of the spouse that files a divorce petition?

The spouse that files the divorce petition is called the "plaintiff" or "petitioner," and the other spouse is the "defendant" or "respondent .". If you live in the greater Chicago area and will be filing in Cook County, you must file the following forms: Domestic Relations Cover Sheet.

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

To qualify, you and your spouse must meet Illinois residency requirements, and the following additional criteria: you've been married less than 8 years.

How much does it cost to file for divorce?

Be prepared to pay your filing fee when you submit your documents to the clerk. Costs vary, with most divorce filing fees ranging between $200 and $350. It's best to take cash or a certified check, in case the court will not accept debit cards or personal checks.

How long do you have to be separated before divorce?

Alternatively, if both spouses stipulate in writing that the marriage is irretrievably broken, the couple only needs to be separated for six months before seeking a divorce. See 750 Ill. Comp. Stat. § 5/401 (2019).

What is the preferred method of service in Illinois?

Using the sheriff's service is the preferred method of service in most Illinois counties. Once the sheriff has delivered your papers, you will receive a proof of service document, which you must file with the court. See 735 Ill. Comp. Stat. § 5/2-202 (2019).

Illinois Is a No-Fault Divorce State

Illinois has long had an " irreconcilable differences " ground for divorce that worked effectively like a no-fault divorce. In January 2016, the state decided to eliminate all fault-based grounds for divorce (there were 10), leaving irreconcilable differences as the sole remaining basis for divorce.

Requirements for a Divorce in Illinois

You must meet certain requirements before you can be granted a divorce in Illinois. These are:

How Long Do You Have to Be Separated Before You File for Divorce in Illinois?

There is a "separate and apart" waiting period intended to allow the parties to cool down and reconsider the decision to divorce. In Illinois, this is a period of six months. You can waive this waiting period by written agreement.

How to File for Divorce in Illinois

Once you ensure you fulfill the requirements, the next step is actually filing the divorce application. This article gives you a detailed step-by-step guide on how you can file for a divorce in Illinois.

Contested Divorces

A contested divorce happens when both spouses want a divorce but can't agree on some of the terms of the divorce, like custody and spousal support. It can also occur if the spouse does not respond to the divorce petition.

How Much Does It Cost to File for Divorce in Illinois?

The cost of filing a divorce in Illinois depends on whether you have an attorney. Your attorney's fees will depend upon how complicated your case is and your attorney's regular rates. The fees to simply file your divorce papers range from $200-300, depending on which county you file in.

Do You Need an Attorney to File for Divorce in Illinois?

Like all legal proceedings, it's always best to have an attorney to get the best outcome. 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.

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.

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, ...