A Complete Guide on Getting a Divorce in Illinois
When ending an important chapter of your life like a marriage, it is normal to be under a lot of stress. DoNotPay is here to help you get through a divorce in Illinois with as little trouble as possible. We can even create a divorce settlement agreement for you!
Before 2016, the fault grounds for divorce in Illinois included:
- Alcohol abuse
- Drug addiction
- Physical or mental cruelty
- Felony conviction
- Infecting the spouse with a sexually transmitted disease
Nowadays, Illinois is a no-fault state, which means neither spouse can be blamed for the failed marriage. It is enough to state irreconcilable differences or prove unsuccessful reconciliation attempts and get a divorce.
For a divorce to be considered uncontested, the spouses need to agree on all the important topics regarding the termination of their marriage, such as:
- Marital property division
- Responsibility for marital debts
The judge needs to approve of these agreements. An uncontested divorce is a faster, low-cost version of a divorce, but it can still take around six months to be finalized in Illinois.
The Prairie State has a special form of an uncontested divorce that makes the process much faster. This option is called a joint simplified dissolution. You and your spouse can qualify if you:
- Meet the residency requirements (live in Illinois for at least 90 days before filing for divorce)
- Have lived separately for the last six months
- Don’t own a house
- Have less than $10,000 in joint marital property
- Fill out all the forms together
- Have been married for less than eight years
- Don’t have any children
- Agree to permanently waive alimony
- Earn less than $20,000 individually and have a combined annual income of less than $35,000
- Agree to an uncontested divorce based on irreconcilable differences (no-fault divorce)
The cost of a divorce in Illinois varies from county to county, but the filing fees are at least $250. You can also count on service or attorney fees. The good news is that many counties offer waivers of filing fees for low-income individuals and thus lower the divorce expense significantly.
The forms you will need to file in Illinois to get a divorce depend on the county you live in. For the most part, the divorce papers are the same in the entire state, but there might be some exceptions. Take a look at the required forms for Cook County as an example of what you can expect:
- Petition for dissolution of marriage (four copies)
- Domestic relations cover sheet
- Summons (four copies)
- Affidavit of service
- Certificate of dissolution
Here are the steps that you will need to take to file for divorce in Illinois:
- Collect and fill out the necessary forms—Check with your county clerk what forms you need
- Get enough copies of the forms—Make sure you have a copy for yourself, your spouse, and the court
- File the forms—Take the papers to the courthouse and file them with the clerk
- Serve the papers to your spouse—Ask the sheriff, private process server, or an individual who is not involved in your case and is older than 18
- Create a divorce settlement agreement—Make this legal document to ensure everything you and your spouse agree on is written down. A divorce settlement agreement will protect you both, and DoNotPay can help you with this task!
Using DoNotPay is the fastest way to create a divorce settlement agreement and get a friendly divorce. We will also make sure that the legal document you create is rock-solid and that it protects your interests. Our app will take care of the entire process, and you only have to follow these simple instructions:
- Sign up for DoNotPay
- Find the Divorce Settlement Agreement product
- Answer some questions about your spouse
- Give us the info about your income and financial assets
Once you’re done, you can let us know if you need to get your divorce settlement agreement notarized. If yes, we will find an online notary to notarize your document in a jiffy.
DoNotPay can also help you find the answers to the following questions:
- What is mediation in divorce?
- How does divorce mediation work in Illinois?
- Is it possible to have an online divorce, and is it an option in Illinois?
- Can you get a divorce without a lawyer?
- How does an out-of-court divorce settlement work?
- Do you need a lawyer if you and your spouse agree on everything?
- Can you get a divorce without going to court?
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