These documents are available at the Clerk's Office in your local county court system as well as online. After the documents are filed, the Petitioner must serve them on the opposing party.
Illinois law permits five different types of service. Petitioners can choose from sheriff's service, special process server, publication, service by order of the court, or voluntary acceptance.
The Differences Between Uncontested, Joint Simplified, and Contested Divorce in Illinois
Once the opposing party receives the documents, he has 30 days to file an appearance in the case. In most case, the opposing party does this by filing a Response. Illinois also offers a faster route to divorce for couples who meet certain criteria. To qualify for a Joint Simplified Dissolution of Marriage, you and your spouse must satisfy the following:. If you and your spouse qualify for a Joint Simplified Dissolution, you can submit your documents and have your final prove-up hearing the same day.
Illinois is an equitable distribution state. Courts consider the following when dividing property between the spouses:.
Uncontested Divorce In Chicago, Illinois - Russell Knight Divorce Lawyer
Courts don't award alimony also known as spousal support in every case. Are you a legal professional? By submitting this form, you agree to Findlaw.
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We respect your privacy. Marriage vows may include promises to stay together until death, but in Illinois you don't have to wait that long. All divorces in Illinois do have some timing requirements though. The divorce process in Illinois requires that you or your spouse have resided in the state for at least 90 days prior to commencing divorce proceedings.
There is also a "separate and apart" waiting period intended to allow the parties to cool down and reconsider the decision to divorce. In Illinois this is a period of six months, though parties can waive this waiting period by written agreement.
How to File For Divorce in Illinois
Illinois has long had an "irreconcilable differences" ground for divorce that functioned effectively like a no-fault divorce. Due to unique case situations and special divorce filing procedures in Illinois , certain forms may or may not be required by the Illinois courts. Forms List. Spouses can file for a no-fault divorce in Illinois, as long as they have lived separate and apart for at least two years and state that irreconcilable differences ended their marriage.
This two-year separation period may be waived "upon written stipulation of both spouses, filed with the court. Start Your Divorce Today Explore your options.
A Guide to Filing for Divorce in Illinois
The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters.
Divorce Source, Inc. Illinois Divorce Forms This is a list of the most commonly filed divorce forms for the state of Illinois. Joint Affidavit Regarding Separation of the Parties Division of Property and Waiver of Bifurcated Hearing Filed in conjunction with the Joint Petition, the Joint Affidavit Regarding Separation of the Parties Division of Property and Waiver of Bifurcated Hearing, by joint agreement, 1 shortens the two-year waiting period to six months and 2 waive any right to a bifurcated hearing about property division.
Agreement to Assets and Debts Filed a part of a simplified dissolution, the Agreement to Assets and Debts, which must be notarized, stipulates the division and distribution of marital assets and liabilities.
Judgment for Dissolution of Marriage The Judgment, prepared by the parties, becomes a Court Order, which mandates that the parties execute the terms and conditions of the Agreement to Assets and Debts, denies either party maintenance, and prohibits either spouse from making claims against the other. Summons The Summons informs the Defendant that the dissolution has been filed and gives him or her 30 days to file a Response or face a default judgment against him or her. Stipulation to Waiver of Two Year Requirement In uncontested actions, spouses, who have separated for "a continuous period of not less than six months," may jointly file a Stipulation to Waiver of Two Year Requirement asking the court to "waive the normal two-year separation requirement.
Joint Parenting Agreement A Joint Parenting Agreement defines the terms and conditions of custody and visitation when parents share custody.
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Marital Settlement Agreement The Marital Settlement Agreement, which is negotiated by the spouses, may be incorporated or merged into the Judgment of Dissolution. Notice of Hearing The Plaintiff sings and sends this form to the Defendant to inform him or her that a hearing on their dissolution of marriage has been scheduled. Certificate of Mailing of Notice of Hearing The Plaintiff files this certificate, which attests to the fact that he or she mailed the Notice of Hearing to the Defendant.
Certificate of Mailing of Judgment of Dissolution of Marriage This certificate, completed by the Plaintiff, attests to the fact that he or she mailed a copy of final Judge of Dissolution to the Defendant. Notice to Withhold Income for Child Support This notice goes to the employer of the parent obligated to pay child support usually the noncustodial parent. Child Support Information Sheet This information sheet lists pertinent information about both parents in conjunction with child support.