{"id":2158,"date":"2021-11-09T21:10:35","date_gmt":"2021-11-10T02:10:35","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=2158"},"modified":"2022-07-28T10:01:22","modified_gmt":"2022-07-28T15:01:22","slug":"divorce-in-illinois","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-illinois\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in Illinois"},"content":{"rendered":"\n
What We Cover In This Article<\/strong><\/p>\n Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n Deciding to end your marriage isn't something that is easy. Regardless of your reason for seeking a divorce<\/a>, deciding to go forward with it can be one of the most stressful life events. Even if it's for the best, it's never easy closing a chapter in your life and starting a new one.<\/p>\n\n\n\n Making the decision to divorce your spouse is only the first step. Pursuing the divorce<\/a> and all the steps that it entails brings on a whole new set of challenges. There's a lot to consider, from the various divorce laws in Illinois to custody and alimony considerations.<\/p>\n\n\n\n When you're ready to move forward with your divorce, our complete guide to getting a divorce in Illinois can help guide you.<\/p>\n\n\n\n In the United States, each state handles divorces a little differently<\/a>. Some states require there to be a legitimate reason for the divorce, whereas others can pursue a divorce because the marriage is irretrievably broken.<\/p>\n\n\n\n Each state has its own laws and regulations to ensure that each divorce goes as smoothly as possible, even the tricky ones. Illinois has specific residency laws for those looking for a divorce and several laws in place so the courts can decide how to divide everything.<\/p>\n\n\n\n In some divorce cases, spouses can agree on how to divide everything, and there's no issue. When two people can't come to terms that they both agree with, the division of marital property law helps. Illinois is an equitable property state, not equal.<\/p>\n\n\n\n This means that the property that you and your spouse share will not be split equally but fairly. This equitable division law helps the courts make rational decisions surrounding divorce.<\/p>\n\n\n\n Contested divorces are the most common. A contested divorce is when both or one spouse doesn't agree with the terms laid out in the divorce agreement. Or, both spouses don't agree on every single aspect of the divorce.<\/p>\n\n\n\n Most of the time, contested divorces happen when children under 18 are involved. When parents divorce, there's always going to be one parent that's in the child's life more than the other; hence tensions arise. There are plenty of other reasons divorce can be contested too.<\/p>\n\n\n\n Uncontested divorces aren't as common but are ideal. An uncontested divorce happens when both spouses are 100% in agreement on everything laid out in their divorce agreement. This means who gets the kids when assets and alimony considerations if applicable.<\/p>\n\n\n\n These divorces have much less tension than a contested divorce since there's nothing to argue about when it comes to who gets what. Uncontested divorces tend to move faster and cost less money<\/a> since there's less time spent dealing with lawyers and changing the terms.<\/p>\n\n\n\n If you qualify for an uncontested divorce, using an online divorce service is a great way to save a lot of money. Keep in mind in Illinois, divorce can cost over $10,000 <\/span>in fees if you file for divorce with an attorney.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p> The third type of divorce in Illinois is a joint simplified divorce. You can only apply for this type of divorce when you've been married for less than eight years, have no minor children together, and have minimal assets. The other requirements for a joint simplified divorce include:<\/p>\n\n\n\n Joint simplified divorce cases aren't the easiest to qualify for, but you may want to choose this route if you can. This helps to avoid a trial.<\/p>\n\n\n\n As with other states, you have to meet their residency requirements<\/a> to file for divorce in Illinois. Before filing for divorce in Illinois, you or your spouse must be a legal resident of the state for at least 90 days.<\/p>\n\n\n\n For military service members, you can claim Illinois residency, even if your official address is elsewhere, after being stationed in Illinois for 90 days. In addition to living in the state for 90 days, you must be separated from your spouse for a period of time. It is either six months or two years, depending on the type of divorce you're applying for.<\/p>\n\n\n\n Something important to keep in mind is that if you and your spouse have children, Illinois cannot hear custody agreements until the children are residents for six months.<\/p>\n\n\n\n So, even though you've lived in Illinois for 90 days and are ready to file for divorce, you may want to hold off for another 90 days. This way, you can ensure that the custody agreement can be heard in Illinois and not in whatever state you moved from.<\/p>\n\n\n\n When filing for divorce, you may be asked on what grounds. Grounds for divorce are simply the reason for dissolving your marriage. In some states, there's only a no-fault divorce. In Illinois, you can file for a no-fault divorce or a fault-based divorce.<\/p>\n\n\n\n A no-fault divorce in Illinois means that neither you nor your spouse has to give a specific reason for the divorce.<\/p>\n\n\n\n All you have to state is that the marriage is irretrievably broken. Irretrievably broken means that both you and your spouse agree that there's nothing either of you can do to repair the marriage.<\/p>\n\n\n\n You still need to meet the 90-day residency requirement, but you also must be separated from each other for two years.<\/p>\n\n\n\n A fault-based divorce means that you have a specific reason for the divorce. When filing for this type of divorce, you must state the grounds you have for the divorce, meet the 90-day residency requirement, and have been separated from your spouse for six months or more. Examples of grounds for a fault-based divorce in Illinois include:<\/p>\n\n\n\n Many people choose to list at least one fault for the divorce since it can speed up the process, separation for only six months compared to two years. An important thing to know is that the courts rarely, if ever, take faults into consideration when dividing marital property.<\/p>\n\n\n\n When you think of divorce, you probably think that everyone hires a divorce attorney. The thing is that while most people hire a qualified attorney to handle their divorce, you don't have to. If you and your spouse can handle your divorce civilly and quickly, hiring a divorce attorney may not be worth it for you.<\/p>\n\n\n\n Divorce attorneys are fantastic for helping your divorce run as smoothly as possible, especially if you and your spouse are at odds. Attorneys are very common in contested divorces since both spouses can't seem to come to an agreement on their own. Attorneys can help you and your spouse come to an agreement that both deem fair in the divorce.<\/p>\n\n\n\n There are a few instances when hiring a divorce attorney will be in your best interest even if you and your spouse get along. When children are involved, things can get tricky. Hiring a lawyer to assist in coming to a custody and child support agreement you're both happy with can prevent an unfair agreement. The same goes for alimony payments.<\/p>\n\n\n\n It's hard to say whether you should or shouldn't hire a divorce attorney to handle your dissolution of marriage. The rule of thumb is that if the divorce is contested, an attorney is advisable. If children or alimony payments are being considered, hiring an attorney is a good idea.<\/p>\n\n\n\n READ MORE:<\/strong> Divorce advice for men<\/a> or Divorce advice for women<\/a><\/p>\n\n\n\n If you're interested in hiring a divorce attorney, you'll want to make sure that you're hiring a good one. What makes a good divorce attorney, you ask? These are some qualities you'll want to look for in a high-quality attorney:<\/p>\n\n\n\n You'll be able to find out some of these qualities based on their website if they have one. Most lawyers have their qualifications listed on their website as well as their specialty.<\/p>\n\n\n\n Other qualities you'll need to meet with them in person or over the phone to see. Finding out how many divorce cases an attorney has handled in the past and their success rate can help you determine if they're a good choice for you.<\/p>\n\n\n\n Learning about their past cases and success rate can also help you determine if they can handle multiple cases at once while giving the proper support to each one.<\/p>\n\n\n\n Finding an attorney who can set realistic expectations with you is important. You don't want to work with an attorney who gets your hopes up too high, only for them to come crashing down. When an attorney can be realistic with you, you're much more likely to be happy with the end result.<\/p>\n\n\n\n Knowing what you're looking for in an attorney and finding one are two different games. How do you go about finding and then hiring a great divorce attorney?<\/p>\n\n\n\n Nowadays, the main way people look for a divorce attorney is online. Doing a quick Google search for divorce attorneys near you will yield plenty of results. From there, you can look at their websites and determine if you want to set up an initial consultation with them or give them a call.<\/p>\n\n\n\n Remember that if you're planning to look online for a divorce attorney, you're as specific as possible. You'll want to use terms like divorce and family law to ensure you're looking at lawyers that have experience in what you need.<\/p>\n\n\n\n Another way to find a great divorce attorney is through word of mouth. If there is anyone you know, friends, family, or acquaintances that's gotten a divorce, asking them about the attorney they used can be beneficial. People aren't known to recommend anything or anyone they didn't have a good experience working with.<\/p>\n\n\n\n If someone recommends an attorney to you that they've used in the past, they're worth looking into. Word of mouth is also helpful in weeding out the attorneys that may not be able to help you.<\/p>\n\n\n\n After you've found an attorney or two that you're interested in hiring, meeting with them is the next step. This initial consultation is perfect for you and the attorney to decide if working together is going to work.<\/p>\n\n\n\n It may seem odd to interview an attorney since they're the professional, but you want to make sure you're hiring the best one for you before you spend a substantial amount of money on them. Here are some of the best questions you'll want to consider asking in your initial consultation:<\/p>\n\n\n\n Many of these questions may get answered naturally as you and the attorney discuss your case. As you two speak, you may find that more questions come up, and that's okay.<\/p>\n\n\n\n Something you'll want to keep in mind is that if you plan on asking them how much your divorce will cost, you may not get an accurate number. They should be able to tell you how much their hourly rate is, but additional costs may vary depending on your situation.<\/p>\n\n\n\n Don't be surprised if they ask you questions too. Since you'll be working together, they want to make sure they can handle your divorce with the care it deserves. That means they're going to have questions for you too.<\/p>\n\n\n\n Truthfully, it depends on the lawyer or law firm. While an initial consultation fee is another expense for your divorce, these meetings are incredibly important when deciding which attorney to go with.<\/p>\n\n\n\n Whether an attorney charges a fee for an initial consultation depends. Some attorneys only charge a flat rate regardless of how long the meeting is. Some will charge their normal hourly rate, and others don't charge anything at all.<\/p>\n\n\n\n The best way to find out if the attorney you're meeting with charges for the initial consultation is to ask. When you're setting up the meeting, it's completely normal to ask about this. That way, you're not expecting it to be free and then blindsided when you receive a bill later on.<\/p>\n\n\n\n While the cost of lack thereof for an initial consultation with an attorney may vary, confidentiality doesn't. Meeting with an attorney to discuss your case grants you attorney-client privilege, even if you haven't officially hired them yet.<\/p>\n\n\n\n The initial consultation is the time to see if you want to hire that attorney. They will be acting as if they're already working for you to show you what it's like having them as an attorney. An attorney will always keep information about your case confidential. Even if you choose to go with another attorney, they can't disclose any information about your case to anyone.<\/p>\n\n\n\n As with most things in life, there are pros and cons. When you're getting ready to start a new chapter of your life, there are several benefits to using an attorney. Here are some of the most significant pros to hiring a divorce attorney:<\/p>\n\n\n\n While there are significant pros to hiring a divorce attorney, there are some significant cons too. Here are the major cons to hiring an attorney for your divorce:<\/p>\n\n\n\n Regardless of your reasoning for ending your marriage, there are some steps that you need to take before you can be legally free from your spouse. Unfortunately, it's a little bit more complicated than simply showing up to the courthouse with signed documents, even if you and your spouse are in agreement on everything.<\/p>\n\n\n\n Filing for divorce is the beginning. Filing involves every step in the divorce process, from getting all your documents in order, serving your spouse, and officially starting the divorce process.<\/p>\n\n\n\n Before you can begin the paperwork to start your divorce, you'll need to decide if you're going to pursue a no-fault divorce or a fault-based divorce. Knowing this will get you started.<\/p>\n\n\n\n Pro Tip:<\/strong> The information below is perfect for you to get an overview of the divorce filing process and also use as a guide if you will be filing for divorce on your own. However, if you are using an attorney, their team will typically be taking care of these steps as part of their proper representation of you as a client.<\/p><\/blockquote>\n\n\n\n Before your petition for divorce ends up on a judge's desk, you'll need to gather and prepare all the necessary forms. Regardless of the county, you live in, Illinois, you'll fill out one of two forms. There's the petition for the dissolution of marriage<\/a> with children and one without children. The Illinois courts have both documents available on their website.<\/p>\n\n\n\n Depending on whether you have children or not, you'll have additional forms to fill out and prepare. If you have children, you'll need to fill out a parenting plan before you even file. This may change throughout the process, but it needs to be included in your initial filing.<\/p>\n\n\n\n Another important thing to note about preparing your Illinois divorce forms is that depending on where you live, you may be asked to provide additional forms in the initial filing besides the standard petition for dissolution of marriage. Luckily, on the Illinois Supreme Court website, they have links to each country and their separate requirements.<\/p>\n\n\n\n To give you an idea of the additional forms you may need to fill out depending on where you live, here are some of the documents required for residents of Cook County:<\/p>\n\n\n\n It's best to check with the county clerk of your county to ensure you've filled out all the necessary paperwork before filing. A simple phone call or website search should help you determine what additional forms may be required.<\/p>\n\n\n\n If you're planning on filing for a joint simplified divorce, you have a separate form to fill out. You'll need to fill out the Joint Simplified Dissolution of Marriage<\/a> form. These tend to take less time than a traditional divorce and even those that are uncontested and without children.<\/p>\n\n\n\n If you want assistance with preparing your divorce forms appropriately and instructions on how to file them correctly, using an online divorce service is a great idea to save a lot of money and hassle.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p> After you've gathered and prepared all the necessary forms to initiate your divorce, you're ready to file for divorce officially. As the one filing for divorce, you're known in the courts as the petitioner. Your spouse is known as the defendant or respondent.<\/p>\n\n\n\n You'll need to head down to the country clerk to file your paperwork. Most of the time, they'll make copies of the documents so that they have one, you have one, and then another copy for serving your spouse.<\/p>\n\n\n\n Not all courts are the same, so they may not provide you with your own copy. It's best to make a copy for yourself and your records on the off chance they don't provide you with one.<\/p>\n\n\n\n Like other states, you'll be asked to pay a filing fee when you file for divorce. In Illinois, this fee will vary from county to county. Generally, the filing fee in Illinois ranges from $200 to $400. If you live in Cook County, where Chicago is, the filing fee for divorce paperwork is $388.<\/p>\n\n\n\n If these numbers are a little steep for your pockets, you can try to have the fee waived. The state of Illinois offers a fee waiver form<\/a> where you can request to have the filing fee reduced or completely removed.<\/p>\n\n\n\n After you've taken steps to prepare and then file your divorce forms, the next step is to notify your spouse. This is commonly referred to as serving your spouse. Most of the time, your spouse knows that you're going to be filing for divorce, but serving them is when they officially receive their copy of the petition for dissolution of marriage and have to respond accordingly.<\/p>\n\n\n\n You cannot serve the divorce paperwork to your spouse on your own in Illinois. You'll need to use someone from the sheriff's office, a process server, or anyone from a third party that's over the age of 18.<\/p>\n\n\n\n In Illinois, once you've served your spouse, they have 30 days to respond. If they don't respond in this timeframe, the divorce can continue as planned. This can only happen as long as your spouse has officially been served. You'll know they received the paperwork when you get a receipt of delivery.<\/p>\n\n\n\n If your spouse cannot be located, is in prison, or is on deployment with the military, you'll need to use an alternative method to serve your spouse. Mailing the divorce papers is allowed in these circumstances, as well as notification of divorce through publication in a newspaper.<\/p>\n\n\n\n Most counties in Illinois require both spouses to fill out and file financial disclosures after the initial filing and the respondent responding to being served the paperwork. Financial disclosures help streamline the process of the judge deciding how to divide all marital property equitably.<\/p>\n\n\n\n You can find the financial affidavit form<\/a> on the Illinois Supreme Court website. With the standard financial affidavit form, you'll both include copies of your pay stubs as proof of income and any documentation showing your debt.<\/p>\n\n\n\n There are other specific forms<\/a> that go along with your financial affidavit that layout healthcare benefits, retirement benefits, real estate, motor vehicles, and other assets that have financial value. Each county may have varying requirements, so it's important to check with your county's clerk of courts.<\/p>\n\n\n\n No two divorces are exactly alike. Even two people going through contested divorces won't have 100% of the same issues or circumstances.<\/p>\n\n\n\n One of the best resources for those interested in ending their marriage is to utilize an online divorce service. These are great tools for getting you started in the divorce process and even better for spouses who are pursuing an uncontested divorce.<\/p>\n\n\n\n Online divorce services aren't entirely online like the name suggests, though. These services give users all the resources they need to begin their divorce. You can think of these services as a guide. They'll provide you with information about all the documents you'll need to fill out, how to file, and other guidance along the way.<\/p>\n\n\n\n Anyone who is doing an uncontested divorce can use an online divorce service in Illinois. Since these services are more like a guide than an official divorce granting service, they're perfect for almost everyone in this situation.<\/p>\n\n\n\n Online divorce services are only for those going through an uncontested divorce. They're only for an uncontested divorce because most people who choose to use an online divorce service don't want to hire a lawyer and just need help with the complicated paperwork.<\/p>\n\n\n\n The simple answer is yes. You will still need to go to court when getting an online divorce in Illinois. The good news is that even though you'll need to appear in court, it's generally only one time, and it's to finalize your divorce in front of the judge. Now, if your case requires more than one court hearing, you'll still need to be present at all of them.<\/p>\n\n\n\nTypes of Divorce Laws in Illinois<\/h2>\n\n\n\n
Marital Property Laws<\/h3>\n\n\n\n
Contested Divorce<\/h3>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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Uncontested Divorce<\/h3>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\tJoint Simplified Divorce<\/h3>\n\n\n\n
Residency Requirements in Illinois<\/h2>\n\n\n\n
Grounds for Divorce in Illinois<\/h2>\n\n\n\n
No-Fault<\/h3>\n\n\n\n
Fault-Based<\/h3>\n\n\n\n
Using an Illinois Divorce Attorney<\/h2>\n\n\n\n
What Makes a Good Divorce Attorney?<\/h3>\n\n\n\n
How to Find a Good Divorce Attorney<\/h3>\n\n\n\n
Interview Questions for a Divorce Attorney<\/h3>\n\n\n\n
Is the Initial Consultation Free?<\/h3>\n\n\n\n
Is the Meeting Confidential?<\/h3>\n\n\n\n
Pros of Using an Attorney<\/h3>\n\n\n\n
Cons of Using an Attorney<\/strong><\/h3>\n\n\n\n
Filing for Divorce in Illinois<\/h2>\n\n\n\n
Preparing Your Divorce Forms<\/h3>\n\n\n\n
<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\tFiling Your Divorce Forms<\/h3>\n\n\n\n
Serving Your Spouse<\/h3>\n\n\n\n
Financial Disclosures<\/h3>\n\n\n\n
Online Divorce in Illinois<\/h2>\n\n\n\n
How to Qualify for an Online Divorce in Illinois<\/h3>\n\n\n\n
Do You Still Need to Go to Court?<\/h3>\n\n\n\n