The Basics of Divorce in Illinois

The Basics of Divorce in IllinoisAt O’Dekirk, Allred & Associates in Joliet, we help a number of clients through the basics of divorce in Illinois. If you are looking at the prospect of a divorce, the following overview will help you get an understanding of the process.

Do You Need a Lawyer?

First, it is important to understand that a divorce can have long-term consequences for you. You may not understand or even be aware of all of them, even if you and your spouse agree on everything. Given the potential consequences, getting good legal advice is important and may ultimately result in you needing a divorce lawyer.

Self-representation

Representing yourself is called proceeding “pro se”. If you feel you may pursue representing yourself or cannot afford to hire an attorney, you should contact your local circuit’s domestic relations division. They should be able to provide you with information and resources for “pro se” divorces. You can find local circuit court information at the Illinois State Court website.

Residency Requirement

The law requires that either you or your spouse must have resided in the state of Illinois for the last 90 days prior to filing for divorce in Illinois. Service members who are stationed in Illinois can also legally file for divorce if they have been stationed in the state for a minimum of 90 days. For Illinois courts to make any decisions regarding child custody or visitation rights, the children in question must have been residents of the state for the last six months.

“No Fault” Divorces in Illinois

If a couple has irreconcilable differences, or can no longer get along and have lived apart for at least two years, they may qualify for a no fault divorce. If both spouses agree in writing, the court may consider reducing the separation to six months. In Illinois, even if spouses share the same house, they can meet the requirement of living apart if they inhabit different spaces of their home. The separation can start even if the spouses still share finances and even while there are efforts to reconcile, such as marriage counseling.

“Fault” Divorces

There are several grounds for fault divorce in the state of Illinois. The statutes include:

  • Physical or mental cruelty
  • Excessive use of drugs or alcohol
  • Felony conviction or conviction of an “infamous” crime
  • Adultery, bigamy, or impotence
  • At least one year of willful desertion
  • Attempted murder of the other spouse
  • Passing a sexually transmitted disease to the other spouse

In Illinois, there is little benefit to establishing a fault divorce. Illinois courts do not take a fault into consideration when deciding to divide property or award alimony. Depending on the nature of the fault though, fault may be taken into consideration during child custody or visitation decisions. An attorney can provide guidance as to whether choosing a fault divorce would be beneficial.

Filing for Divorce

In Illinois, divorce is also called dissolution of marriage. The spouse who wants the divorce files a “Petition for Dissolution of Marriage” with their resident county’s circuit court. The petition must include some basic information about the grounds for dissolution, current living arrangements, and children from the marriage. The appropriate sheriff’s office or process server will “serve” the other spouse with the petition and a summons (also required).

Length of Process

The basics of divorce in Illinois includes a timeframe that can vary widely based on your particular circumstances. If your divorce is uncontested and you are your spouse are in agreement on all the arrangements, your divorce can be as quick as one month. Contested divorce cases, can be lengthy. Some of these cases can take as long as two years or more.

Cost

There is a fee to file your petition and an additional fee to serve your spouse with papers. The total for both is generally around $300. The current specific fees for your area are available from your circuit court office. Attorney, expert, and mediator fees all vary widely and can be unpredictable because of individual rates and time required. The more you and your spouse are in agreement and the fewer issues there are to resolve, the lower your cost will be. If there is a great deal of difficulty reaching agreements, your divorce could become quite expensive.

Joint Simplified Divorce

If you and your spouse meet all the criteria, you may qualify to file a joint simplified divorce petition. This type of divorce is allowed in Illinois if:

  • You and your spouse are in agreement on all issues at the time of filing
  • You and your spouse own no real property
  • You and your spouse have no children together
  • You and your spouse have been married for less than eight years
  • You have a total combined income of less than $35,000 annually
  • You and your spouse have been separated for a minimum of 6 months
  • No alimony or spousal support is being requested.

If you meet all the criteria, your local court will have the appropriate forms for a joint simplified divorce.

“Prove-Up” Hearings

In uncontested divorces, you and your spouse can enter a Marital Settlement Agreement (MSA) and your divorce can be resolved with a “prove-up hearing” which is a simple court appearance. Your lawyer can lead you through a “prove-up” hearing so that it is not overwhelming. They will ask questions about your Petition and you will summarize your MSA for the court records.

Now that you know the basics of divorce in Illinois, you can contact us here at O’Dekirk, Allred & Associates in Joliet if you need guidance on getting a divorce or need an attorney to help you through the process. We’ll protect your rights and make sure you’re thoroughly represented in case any disputes arise. Our goal is to secure the outcome you deserve.

 


Disclaimer: Blogs and articles by O’Dekirk, Allred and Associates, LLC are for educational purposes only and to give you a general understanding of the law, not to provide any legal advice or be used as a substitute for competent legal advice from a licensed, professional attorney in your state or jurisdiction.

Use all blogs and articles at your own risk. The information presented may not reflect the most current legal developments, verdicts or settlements. These materials may be changed, improved, or updated without notice. O’Dekirk, Allred and Associates, LLC is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances.

By reading our blog and articles you also understand that there is no attorney-client relationship created between you and O’Dekirk, Allred and Associates, LLC.

Related Posts

No results found.