how to start divorce process in illinois

How long do you have to wait for a divorce in Illinois?

The Illinois divorce laws require residency in the state for at least 90 days, but there is no waiting period before your divorce is final. Illinois also recognizes “no fault” divorce on the grounds of “irretrievable breakdown” or after a legal separation of at least two years.

What are the steps to get a divorce in Illinois?

Illinois Divorce Process: How Long Does it Take?

  1. STEP 1: Filing the Petition for Dissolution of Marriage with The Court.
  2. STEP 2: Serving Your Spouse with The Petition for Dissolution of Marriage and the Summons for them to Appear and Answer.
  3. STEP 3: Your Spouse Must File Their Appearance and They Are Given Time to File an Answer to Your Petition for Dissolution.

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

Filing Fee – $289

The average fee to file for divorce in Illinois is $289, which is above the national average; while the average divorce attorney fees amble around a stark $10,900. Couples who race toward the divorce finish line must begin their journey by filing for a divorce.

What is the first step when filing for divorce?

Step 1: Filing for Divorce

A Statement of Claim for Divorce filed with the Clerk of the Court of Queen’s Bench will begin the process. There is a filing fee of $200 to be paid to the Court. If you started the divorce action, you are called the “plaintiff” and the other spouse is called the “defendant“.

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Can you date while separated in Illinois?

Illinois is a no-fault divorce state, but there may be other consequences. Before your divorce is final, romantic or sexual relationships with anyone other than your spouse is considered adultery—and, while rarely prosecuted, it’s also a class A misdemeanor in Illinois and 19 other states.

Does Illinois require separation before 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.

Who gets the house in a divorce in Illinois?

Illinois is not a community property state – it is an “equitable division” state. That means marital property and debts need not be divided 50 / 50. Rather, the law requires property to be divided “equitably.” Many cases are resolved with 60/40, 70/30 splits and some even allocate ALL marital property to one spouse.

Can I file for divorce myself 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.

What happens after divorce papers are served in Illinois?

Usually, you have 30 days from when you were served the divorce papers to file an Appearance and an Answer . If you ignore the divorce papers, you won’t go to jail or pay a fine. However, the judge may give your spouse a divorce by default because the case will go on without you.

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Who pays for the divorce in Illinois?

In Illinois, during a divorce, either party can ask the court to order the other party to pay some or all of his or her attorney fees while the case is pending.

Can you get a divorce without a lawyer in Illinois?

Spouses in Illinois have the option to settle through a process known as mediation, which allows parties to file for divorce without a lawyer. … Spouses who choose to mediate their divorce have the right to file for divorce without a lawyer, if either party lives in the state of Illinois.

How much is a uncontested divorce in Illinois?

On average, Illinois divorcees can expect to pay $19,400 in divorces that include property division. An uncontested divorce where parties can agree to all terms is typically cheapest, whereas contested divorce where attorneys help you agree are more expensive. Using a mediator often helps defray costs.

Can you divorce yourself?

Do-It-Yourself Divorce: Top Ten Tips

  • You’re a Good Candidate if… You’re probably a good candidate for a DIY divorce if: …
  • Do You Have the Time and Temperament? …
  • Consider Mediation. …
  • Mediated Divorces Save Money. …
  • Don’t Overlook Tax Issues. …
  • Avoid DIY if There is Anger or Deception. …
  • Start With Your County Clerk. …
  • Check Out Legal Document Preparers.

What are the five stages of divorce?

There are 5 common emotions people experience during the divorce process. They are often referred to as the 5 stages of grief. They include denial, anger, bargaining, depression, and acceptance.

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