how to divorce in illinois

How long do you have to be separated before you can get a divorce in Illinois?

six months

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

To get a divorce in Illinois (also called a dissolution of marriage) the judge needs to find that there are irreconcilable differences which have “caused the irretrievable breakdown of the marriage.” The judge also needs to determine, by the documentation and proof received, that efforts to reconcile (mend the marriage …

Do you need a lawyer to get a divorce in Illinois?

You do not have to use a lawyer when getting a divorce in Illinois. Having an experienced family lawyer can definitely help make the process smoother. But if you have the time and patience to learn courtroom procedures and navigate the legal complexities, DIY divorce may save you money in the end.

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.

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.

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What qualifies you for alimony in Illinois?

In Illinois, to be eligible for alimony, spouses must have been legally married. Either husband or wife can qualify for alimony. A divorcing spouse in Illinois who is not self-supporting or cannot maintain a reasonable standard of living by themselves during or after a divorce can petition to the court to receive.

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.

Does it matter who files for divorce first in Illinois?

It does not typically matter who files for divorce. The filing spouse, the one asking for the divorce, is known as the plaintiff or petitioner, and the other spouse is referred to as the defendant or respondent.

Who gets the house in a divorce 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.

How many years do you have to be married in Illinois to get alimony?

Factors for Determining the Duration and Amount of Alimony

The “guideline” durations for alimony in Illinois are: Marriage of less than 5 years: 0.20 percent of the duration of the marriage. 5 years or more but less than 6 years: 0.24 percent. 6 years or more but less than 7 years: 0.28 percent.

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How can I start the divorce process?

STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.

Is Illinois a no fault divorce state?

A: We’re now a “pure” no-fault state. The only grounds for divorce in Illinois is irreconcilable differences. … Now, irreconcilable differences can be proven just by showing that you’ve lived “separate and apart for a continuous period of not less than six months.” You no longer need anything signed by your spouse.

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