what do i need to get a no lawyer divorce in ill

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.

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How do I file for divorce in Illinois without an attorney?

For $159, MyDivorcePapers.com offers a simplified divorce process to help you file for divorce in Illinois without an attorney. This comprehensive service allows your to start and complete your divorce papers within a few hours and as quick as 1 hour.

What are the requirements to get a divorce in Illinois?

1 Eligibility. Illinois divorce laws state an individual must have been a state resident for at least 90 days before filing for divorce. 2 Grounds for Divorce in Illinois. With one exception, a spouse generally needs fault-based grounds for divorce in Illinois. ... 3 Process for a Divorce. ...

Can I get a divorce without a lawyer?

Moving forward with divorce when you don’t have a clue what you’re doing can be disastrous. No matter how much you want to keep divorce lawyers out of your life (and your checkbook!), getting a divorce without a lawyer can end up being the most expensive mistake you ever make.

What do you need to do to get a divorce?

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. You will also need to obtain a Domestic Relations Cover Sheet, which should be completed.

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.

How long does it take to get an uncontested divorce 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.

Do I have to go to court for uncontested divorce in Illinois?

For an uncontested divorce to be finalized, the spouse who petitioned for divorce by filing with the county court must appear at the final hearing. The other spouse is not required to attend, as long as he or she has signed all the necessary documents regarding the marital settlement agreement.

How much does an 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.

What's the quickest 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.

How do I get a free divorce in Illinois?

If you can't afford to pay the filing fees, you can ask the judge to waive the fees. You can request a fee waiver by filing an Application for Waiver of Court Fees. Illinois Legal Aid Online has an online program to help you prepare a fee waiver.

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

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

How do I start a divorce in Illinois?

The first step is to file a petition for divorce in the county in which one or both of the parties reside. In Illinois there is no waiting period to file a petition; however, a judgment may be granted once a party has resided in Illinois for 90 days. The fee for filing the divorce petition is different in each county.

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.

What if I can't afford a divorce lawyer in Illinois?

Free legal help? Free legal help is also called civil legal aid. Legal aid lawyers provide advice and represent people who cannot afford a lawyer .

Do you have to go to court for a divorce?

In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.

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, ...

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 much does it cost to file for divorce in Illinois?

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.

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.

What to do before filing for divorce?

Before filing a divorce on your own, make sure you’re prepared. Consider how your property will be divided, if either side needs financial support, child support, parenting schedules, and every other aspect. If there is even one point that you and your spouse can’t agree on, a judge may order costly mediation or, if that doesn’t work, might have to decide themselves.

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.

How long does it take to get divorce papers in Illinois?

This comprehensive service allows your to start and complete your divorce papers within a few hours and as quick as 1 hour.

How to get a default judgment?

To obtain a default judgment, you or your lawyer must show that Service of Process did occur on the date recorded. In a default judgment, the judge will grant a divorce and equitably distribute property. Even if a default judgment is entered, your spouse still has 30 days to file a motion to vacate the default judgment.

How to reduce the cost of divorce?

Not only will an amicable divorce significantly reduce costs, but it will limit the emotional toil on you, your spouse and any children. It is best to discuss the terms of the divorce beforehand and have a signed, written agreement.

What is the response to a divorce petition?

The Response to the Petition may confirm or deny the allegations made in the Petition for Dissolution of Marriage.

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 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 long do you have to live apart in Illinois before filing for divorce?

The state of Illinois requires the spouses to live separate and apart for six months prior to filing for divorce. However, this rule can be waived under some circumstances, including mutual agreement of the parties. Spouses may live at the same residence, but have to show proof they lived somewhat independently of one another and act as roommates, rather than a couple.

How long can a divorce last in Illinois?

The marriage must have lasted for less than eight years with at least six months of separation, no children were born from the marriage, neither spouse is financially dependent on the other, neither can own any real estate, must have a combined income of less than $35,000 with neither spouse earning more than $20,000 a year, and both spouses agree to waive the right of receiving any financial support payment.

What is the only reason for divorce in Illinois?

The only grounds for divorce in Illinois is “irreconcilable differences,” meaning that the marriage is considered irretrievably broken; the spouses do not get along and the marital relationship cannot be repaired.

Can you file for divorce in Illinois if you are separated?

If you are living separate and apart from your spouse, you can petition for a court to grant legal separation from your spouse, and reasonable financial support and/or alimony. Petitioning for and a judgment on legal separation does not prevent either spouse from filing for divorce later on.

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 a divorce program?

A program to help you complete the forms to get a divorce. You can use it if you and your spouse have children together or if you do not.

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.

What is the Illinois custody and visitation law?

Just as it is virtually all other states, custody and visitation issues are guided by Illinois statutes and the principle that all decisions will be made with the best interests of the child in mind. This helps form the basis for whether or not a child will be cared for in a joint custody or sole custody arrangement.

When did the financial disclosure statement for divorces come out?

In 2016, the state passed a law that standardized a Financial Disclosure Statement to be used in all divorces. Prior to that time, the disclosure statement would vary from county to county.

What does the court consider when assigning property to a spouse?

Courts also consider the economic circumstances of each spouse . If one has a robust career and the other is a homemaker, the courts may assign more property to the less financially secure spouse. Courts also take into consideration the liquidity of assets and when streams of income may become accessible.

How many factors are considered in property division in Illinois?

According to Illinois Compiled Statutes, there are 12 factors that are considered in property division in Illinois:

Can irreconcilable differences be cited for divorce?

As of January 2016, irreconcilable differences is only reason that can be cited for divorce in the state. Prior to this, the state allowed for fault-based divorces that included adultery, abuse and other similar reasons. The no-fault grounds must show that the irreconcilable differences have caused an irretrievable breakdown of the marriage and that attempts at reconciliation have failed.

Can a marriage end in Illinois?

A marriage can end through an annulment or a divorce in Illinois. By law, legal separations are also allowed. Technically, a divorce is known as a dissolution of marriage in the state, but the terms are used interchangeably all the time.

Is substance abuse a reason for divorce in Illinois?

Because Illinois law changed in 2016 to strictly no-fault based divorces, substance abuse is no longer cited as a reason for divorce.

Where to file for divorce in Illinois?

The proper venue is the family court in the county where you or your spouse resides. The Illinois Judicial Branch has a court locator you can use to identify the court where you should begin your divorce.

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

You or your spouse has to live in Illinois for at least 90 days before filing for divorce. If you want a fast divorce in Illinois, you'll need to meet the residency requirements and find a way to settle things with your spouse.

What is an uncontested divorce in Illinois?

An uncontested divorce (referred to as a "dissolution of marriage" in Illinois) means that both spouses agree on all the key terms of the divorce, including: any other dispute involving your marriage.

What is the purpose of service of process in a divorce?

The purpose of service of process in a divorce to give the other spouse notice that a divorce is pending. If you're simply filing for an uncontested, but not a joint divorce, you'll need to properly serve your spouse with the divorce papers unless he or she signs a waiver of service.

Do you have to serve paperwork on divorce?

Couples who file for a joint simplified dissolution won't have to "serve" paperwork on the other spouse since they are filing together. The purpose of service of process in a divorce to give the other spouse notice that a divorce is pending.

Is an uncontested divorce cheaper than a traditional divorce?

An uncontested divorce is much faster and cheaper than a traditional divorce —spouses can often use a DIY solution like an online divorce service. They do, though, also have the option of getting professional help.

Do you have to attend a final divorce hearing in Illinois?

Both you and the spouse must attend a final divorce hearing. A judge will ask you questions about your case and your settlement agreement with your spouse. You and your spouse will likely both give brief testimony, but the hearing shouldn't take long. If the terms of your settlement aren't unfairly one-sided and comply with Illinois law, the judge will sign the divorce order and your divorce will be final. You and your spouse will each receive a copy of the final order.

What is the law for 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.

What are the legal grounds for divorce in Illinois?

This means a spouse would need a specific reason to end marriage. We list some common legal grounds below: Adultery. Bigamy. Impotency. Abandonment for at least one year. Felony conviction.

What is separate property in Illinois?

Separate property belongs to an individual. Generally speaking, Illinois divorce laws define marital property as property acquired or earned during the marriage. Separate property covers what each spouse acquired or earned individually before the marriage.

What happens to a spouse after divorce in Illinois?

Under Illinois divorce laws when it comes to Illinois estate planning, the surviving spouse loses all rights to property designated in the will of his or her deceased ex. However, this statute applies only after divorce is finalized. What happens when a spouse dies as divorce proceedings are underway?

What is the role of the economic condition in a divorce?

This means the court may divide a larger portion of marital assets, including bank accounts and mutual funds to the lower-earning spouse.

How long can a spouse live separately in Illinois?

Illinois divorce laws allow for one “no-fault” exception, however. Generally, a spouse can file for divorce if the couple has lived separately for at least two years and attempts at reconciliation have failed, or if such efforts would work against the best interests of the family.

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

Illinois divorce laws state an individual must have been a state resident for at least 90 days before filing for divorce. The plaintiff (person filing) can file for divorce at the circuit court in the county where either spouse resides.

What do you need to know about your children after divorce?

If you have children, you are going to need a parenting plan and a parenting schedule. You will have to determine who will have legal custody of your children. (In Illinois, instead of “custody” you need to figure out who will make major decisions for your children post-divorce.) You also need to figure out where your children will live, and set some basic post-divorce parenting ground rules.

How to get an amicable divorce?

To get an amicable divorce, you and your spouse have to agree about how you will deal with each and every issue in your divorce. Then you have to write down all of the terms of your agreement in a form that the court will accept. Then you have to go through the court process, present your documents to the judge, get the judge to approve them, and finalize your divorce.

What happens if you don't give financial information to your spouse?

If someone isn’t willing to provide the financial information you need to understand what’s at stake in your case, you’re divorce is going to be an uphill battle. You can’t divide what you don’t know exists. To find out what exists from a spouse who isn’t willing to come clean with financial information, you need a divorce lawyer.

How does divorce affect your life?

Divorce touches upon every major area of your life. It profoundly affects your finances, your family, your lifestyle, your home, and your psyche. To get through your divorce well, even with a lawyer, requires you to have your head together (at least a little bit). When you don’t have a lawyer AND you’re an emotional wreck, you risk making a wreck of your life.

Why are divorce lawyers called counselors?

While divorce lawyers are not therapists, there is a reason why lawyers are called “counselors.” They can listen to your complaints, help you formulate your goals, and make a legal strategy that will help you achieve your goals in your case. If you are so upset, angry or emotional that you can’t move forward toward your goals productively, they can do it for you. But, when you have no lawyer, there’s no one there to catch you if you mis-step.

Can I get divorced without a lawyer?

If you and your spouse agree on everything in your divorce, then maybe you can manage to get divorced without a lawyer. (I say maybe because you still have to consider how complicated everything else is in your case. If you and your spouse are both multi-millionaires, and you own several businesses and multiple homes, you are going to need lawyers even if everything in your divorce is agreed!)

Do you have to figure out if you are entitled to spousal support?

The laws surrounding spousal support/maintenance/alimony are anything but clear. Not only do you have to figure out if you or your spouse will be entitled to receive support, but you also have to determine how much support will be paid, and how long it will last. Each one of those determinations requires you to thoroughly understand the divorce law in your state, and to know how the law will apply to the specific facts of your case.