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Illinois
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Illinois Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Illinois Residency Requirement
According to the Illinois Divorce Laws and Illinois Divorce Guidelines,
to get divorced in Illinois, the spouse filing the case must have
been a resident of of the state for at least least 90 days before
filing
Place of Divorce (Venue)
The case may be filed in:
The county where either spouse resides
Simplified or Special Divorce Procedures
Marital settlement agreements are specifically
allowed and encouraged [750 Illinois Compiled Statutes Annotated;
Chapter 5, Section 502]. In addition, Illinois has an approved "Joint
Simplified Dissolution" procedure and petition found in 750
Illinois Compiled Statutes Annotated; Chapter 5, Section 452.
To use this simplified procedure:
(1) the spouses must not have been married over 5 years;
(2) the spouses must neither have had nor adopted any children;
(3) the wife cannot now be pregnant by the husband;
(4) neither spouse can own any real estate;
(5) both spouses must certify that neither is dependent on the other
for support [or must waive any type of alimony];
(6) the market value of all marital property must be less than $5,000.00;
(7) the combined gross annual income of both spouses must be less
than $25,000.00.
Illinois Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences
(2) Irretrievable breakdown of the marriage
(3) Living separate and apart without cohabitation for 2 years (6
months if neither one of the spouses contests the divorce)
Grounds for a Fault based divorce:
(1) Impotence
(2) adultery
(3) habitual drunkenness for 2 years and/or drug addiction
(4) conviction of a felony
(5) willful desertion for 1 year
(6) cruel and inhuman treatment
(7) attempted poisoning or otherwise endangering the life of the
spouse (8) infection of the other spouse with a communicable disease
(9) bigamy.
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Illinois, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Illinois divorce guidelines and Illinois divorce
laws, is a scenario where the spouses agree on the terms of the
divorce such as Illinois property distribution, Illinois child
support, or Illinois child custody. Most of our clients (75%)
prefer the Agreed Divorce method and both spouses sign the divorce
papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the Illinois
divorce guidelines and Illinois divorce
laws, is a divorce where the other spouse doesn’t sign the Illinois
Divorce forms or Illinois divorce papers, he/she doesn’t do anything
at all with the divorce. They simply default on the case and the
spouse who files for divorce gets whatever was asked for in the
original paperwork.
Process to file for Divorce in
Illinois
There are only three basic procedural steps to a divorce:
- File Illinois Divorce Papers (Illinois
Divorce Forms)
- Notify Spouse of your filing for divorce
in Illinois
- Attend your Illinois divorce hearing
Illinois Child Custody
Simple Definitions: (source: Illinois divorce guidelines and Illinois
divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Illinois Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Illinois
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
Illinois Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Illinois Child Support Guidelines. The guideline amount is
presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Illinois divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Illinois.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Illinois.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Illinois often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Illinois, fees must usually
be paid when you file the Illinois divorce forms and Illinois divorce
papers at your county courthouse. These fees vary between County
to County, so it is best to call them and ask what the fees
are in your County. Regardless of whether you are going through
a divorce service, using a Illinois divorce kit, using a divorce
attorney (or divorce lawyer), or doing a nearly free divorce in
Illinois, you will almost always be the one to cover the court fees
which is standard procedure.
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 Divorce
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| 1 |
After
you order, send in your information via the Divorce
Questionnaire. |
| 2 |
We
complete your divorce forms in 2-3 business days and
email them back for your review. |
| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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