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.
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?
To file for divorce without an attorney, talk it through with your spouse beforehand, if you can, to divide up assets and debts and discuss custody of children, if you have any. Go online or visit your county clerk's office to get the forms you'll need, like the petition for divorce and summons.
How do you file for divorce without an attorney?
Part 2 Part 2 of 4: Filing the Appropriate Paperwork Download Article
- Visit the court clerk’s office in the county in which you live. ...
- Obtain the forms necessary to file for divorce. Some states or counties have websites with links to the forms you need to file for divorce.
- File the necessary forms with the clerk’s office. ...
- Pay the court’s filing fee. ...
- Always keep copies of all documents. ...
- Stay organized. ...
How to file a no fault divorce without a lawyer?
- Follow these Instructions for Completing the Praecipe for Summons (DC 6:4.4A) (pronounced "pray-si-pee") .
- File the Praecipe for Summons with the clerk of the district court where you filed your divorce.
- Call the clerk or local sheriff to find out how much it costs to have the sheriff serve your spouse. ...
- The clerk will write up a Summons. ...
Can I get divorced without a lawyer in Illinois?
A divorce can be done completely without an attorney. However, there are key benefits to having an attorney. If you didn't hire an attorney at all, you'd need to file the paperwork, serve your spouse, figure out all the court hearings, mediation sessions, agreement creation, and everything else all on your own.
How do I file for divorce myself 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 divorced without going to court in Illinois?
It is not possible to complete a dissolution of a marriage in Illinois without going through the court system, even in cases where the parties are in agreement about everything. The agreement must still be reviewed and approved by the court before a judgment dissolving the marriage is granted.
How do I file for divorce in Illinois for free?
Divorce Filing Fees 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 a simple divorce cost in Illinois?
The average cost of divorce in Illinois is estimated to be ~$15,000. If you qualify for an uncontested divorce you'll likely be able to keep your divorce costs in the $2,500 to $5,000 range.
Does Illinois allow online divorce?
Also, if you're filing for an uncontested divorce in Illinois, you have the option of using an online divorce service, which will provide you with the necessary completed forms and basically walk you through the process.
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.
Can a spouse refuse divorce in Illinois?
Do Both Spouses Have to Agree to Divorce in Illinois? Both spouses don't necessarily have to agree to get a divorce for the divorce to take place. Generally, even if one spouse doesn't want to go through with the divorce, the opposing spouse may still be able to complete the process.
What is the first step to getting a divorce?
A spouse who wishes to have their marriage dissolved must approach the High Court or the Regional Court of the Magistrate Court and have a summons issued. A court has a jurisdiction to hear a divorce matter: If the parties are domiciled (live) in the area of the jurisdiction of the court as at the date of divorce.
Who pays for divorce fees in Illinois?
Under the Illinois Statutes, each party is generally responsible for paying their own court costs and legal fees in a divorce. However, the court recognizes that if there is not a level playing field in terms of each party's ability to pay, it could put one spouse at a distinct advantage over the other.
How long does a simple 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 two months and a few years.
Can you get a divorce in one day 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.
What paperwork do you need to file for divorce in Illinois?
How to File for Divorce in IllinoisPetition for Dissolution of Marriage/Civil Union.Financial Affidavit.Proof of Service/Delivery.Response to Petition.Summons.Certification Agreement.Judgment of Dissolution.
How long does a simple 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 two months and a few years.
How much is an online divorce in Illinois?
Depending on the county of filing, an uncontested divorce can cost around $350 (consisting of filing fees). Further, using the services of an online divorce website costs just $139. This is cheaper than hiring an attorney.
Can you get a divorce in one day 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.
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 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, ...
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 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 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 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.
What is divorce in Illinois?
A divorce (known as dissolution under Illinois law) is the means by which the marriage between a couple is ended. The judgment for divorce contains the parties’ agreement concerning parental responsibilities for the children and parenting time schedules, support and property/debt division. If the parties cannot agree, a judge makes these decisions ...
How long does it take to get divorce in Illinois?
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.
What happens if the parties do not reach an agreement?
If the parties do not reach an agreement, a trial will be held in front of a judge.
What are the issues that must be settled before divorce?
Among the issues that must be settled before the divorce can be granted are the following: Division of Property - real estate, investments, money; Division of debts;
How much maintenance is required for a spouse?
Under that guideline, the maintenance award will generally be calculated as 30% of the paying spouse’s gross income minus 20% of the receiving spouse’s gross income as long as the receiving spouse’s total gross income does not exceed 40% of the total combined income of the parties. The length of time maintenance will be paid depends on the length of the marriage.
How is child support determined in Illinois?
In Illinois, child support is determined by using an “income shares” model, which considers the income of both parents and requires utilization of charts provided by the Department of Healthcare and Family Services.
How to contact an Illinois lawyer?
For the most current information, please consult your lawyer. If you need a lawyer and do not have one, call Illinois Lawyer Finder at (800) 922-8757 or online www.IllinoisLawyerFinder.com.
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 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 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.
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 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.
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 be a resident to file for divorce in South Dakota?
Decide where you need to file for divorce. You will need to file for divorce in the state and county where you meet certain residency requirements. Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year. Only Alaska, South Dakota, and Washington have no extended residency requirements, which means you can file for a divorce there so long as you are a resident at the time of filing.
How to split property in divorce?
1. Consider how assets are going to be distributed. If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.
How to get divorce without a lawyer?
Make sure you and your spouse have a discussion about how both of you see the divorce going. If you and your spouse both think the divorce can be completed amicably, consider getting a divorce without a lawyer. However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible.
What to do if you can't agree on alimony?
Discuss the need for any alimony payments with your spouse and agree on an amount, if any, before filing for divorce. If you cannot agree on alimony, consider hiring an attorney so he or she can help you protect your financial assets or get the spousal support you deserve.
What to do if you have trouble agreeing to divorce?
However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible. ...
How to get divorce papers?
Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.
What is divorce in marriage?
A divorce is the ending of a valid marriage. The rest of this article will focus on this proceeding.
How does the court system work?
The court system operates on paperwork. Lawyers typically write that paperwork. They know what to write, and how to write it in a form that judges will accept. If you’re going to try to get a divorce without a lawyer, you are going to have to do all of your paperwork yourself.
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.
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.
Is divorce a system?
No matter how smart or educated you are, the divorce system is unlike anything you’ve likely experienced before. It’s full of rules, forms, and paperwork. Mess any of those three things up, and you may end up paying a hefty price.
What does the clerk do in a divorce court?
In the court, the clerk keeps all information about waiver and you may discuss with him freely about your financial condition. The clerk will help you giving all information in terms of waiver. If possible, you contact with him and approach with your documents that supports you are not able to hire a divorce lawyer at high rate.
How to get a free divorce lawyer?
As you are seeking for free divorce lawyer, you need to convince the court that you are not capable financially to afford the cost of a divorce lawyer. So the court will ask for your financial status. Your current income, asset, real estate asset and debt are information that will ensure your free divorce lawyer. If the court finds that you are really unable to hire a lawyer at high price according to your financial status the court will find a lawyer who can work for you voluntarily.
What is a waiver for divorce?
Waiver is available for the people who don’t afford to spend the cost of the divorce lawyer. This is arranged at every state level. The low income people has to clarify that they have lower income and they have to make sure at the court level. There are many formalities to get it because low income family has really low income.
How much does a divorce lawyer charge?
Your lawyer may negotiate this charge before beginning your case. The hourly rate also may vary because of the complexity of the divorce case. $50 to $300 may be charged for the lawyer service provided for your case.
What information is needed to get a divorce lawyer?
Your current income, asset, real estate asset and debt are information that will ensure your free divorce lawyer. If the court finds that you are really unable to hire a lawyer at high price according to your financial status the court will find a lawyer who can work for you voluntarily.
Why is divorce not a simple issue?
Divorce is not simple issue to resolve because there are strict legal bindings. The reality is really unfavorable because you are going to cut off the relation of the married life through divorce. As it is a legal process, you need to hire a divorce lawyer who can help you settle this issue. Hiring a divorce lawyer is really expensive ...
Why does it cost to get divorced?
When you are proceeding the process of divorce with court, it costs you because hiring a lawyer is really expensive. But there are such ways discussed above which can help you get the issue done with no charge. The people having financial problem have this opportunities to use as they are not capable to afford the cost of the lawyer. However one can get more information on different city bar, court and law chamber if they contact directly.
