how to dissolve a marriage in illinois without an attorney

If you or your spouse has lived in Illinois for at least 90 days, you will be able to file for divorce. To do it yourself without a lawyer, you’ll need to file a petition for dissolution of marriage at the county courthouse where you live.

Full Answer

How to respond to a petition for dissolution of marriage in Illinois?

To Order by Fax Orders can be faxed to 217-523-2648. You will need to include the application for verification of dissolution of marriage/civil union record files (see FORMS in the right-hand column), PDF format, or provide the names of both parties and the date and place of the dissolution of marriage on the transmittal/cover sheet.

How do I file for divorce in Illinois without a lawyer?

If you or your spouse has lived in Illinois for at least 90 days, you will be able to file for divorce. To do it yourself without a lawyer, you’ll need to file a petition for dissolution of marriage at the county courthouse where you live.

Does legal separation end a marriage in Illinois?

The appropriate summons form is titled: “Summons Illinois Marriage and Dissolution of Marriage Act”. You will need to complete the summons form with the case name, the name and address of the opposing party and your information. Affidavit of Military Service. The Affidavit of Military Service informs the Court whether the Respondent is or might be in the military service of the …

Is a marriage in another state legal in Illinois?

Uncontested Divorce Process in Illinois Step 1. Filing a Divorce Petition Step 2. Swear an Affidavit Step 3. The Hearing Step 4. Judgment Contested Divorce Process in Illinois Step 1. Filing a Dissolution Petition Step 2. Notify the other party Step 3. Dissolution Trial Step 4. The Dissolution Order Table of Contents

How do I file a dissolution of marriage in Illinois?

Follow the instructions for filing online. appear in person to apply for a fee waiver. Ask the Circuit Clerk if you have to file your Application for Waiver of Court Fees in person. Serve your spouse with copies of your Petition for Dissolution of Marriage/Civil Union (Divorce No Children) and Summons.

How do I get a divorce in Illinois without a lawyer?

Filing for Divorce through Mediation Settling prior to trial makes financial sense. Spouses in Illinois have the option to settle through a process known as mediation, which allows parties to file for divorce without a lawyer. Mediation negotiations allow both parties to mutually agree on relevant issues.

How much does an uncontested divorce cost in Illinois?

In Illinois, it costs approximately $350 to file for divorce, depending on the county in which you are filing. You can visit your local court website to find the exact amount you will be required to pay.

Can marriage be dissolved without divorce?

No, it is illegal. Under Section 494 of the Indian Penal Code, if a person marries a second time, without a divorce, while their spouse is alive, the marriage is considered bigamy, which is a punishable offense.

How can I get a quick divorce in Illinois?

The fastest way to get a divorce in Illinois is to get an uncontested divorce. This requires that you and your spouse agree on all issues. If you can get your spouse to sign an Entry of Appearance, Waiver and Consent form (Form-540-Entry-of-Appearance-Waiver-and-Consent.

How can I get a divorce for free?

Legal Aid Divorce Help Call your city or state bar association to ask for contact information or do an internet search to find them. These organizations provide no-cost (and also low-cost) legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.

Can I file for divorce online in Illinois?

Option 1: Go to the Administrative Office of the Illinois Courts' forms website for divorce, child support, and maintenance forms to fill out and e-file. After you fill out your documents, save them and follow the instructions in Step 2 to e-file.

How long does uncontested divorce take Illinois?

The length of time it takes to get an uncontested divorce in Illinois ranges from about 2 weeks, two a couple months.

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

six monthsHow long do you have to be separated before you can get a divorce in Illinois? You must be separated from your spouse for six months in order to file for divorce in Illinois.

On what grounds can a marriage be dissolved?

Under the Act, the sole ground for the dissolution of marriage is that the marriage has broken down irretrievably.

How do you dismiss a marriage?

The process of dissolution is started by filling a petition for divorce by mutual consent. The petition is supported by affidavits from both parties which signify their consent. This is the first motion petition which is presented in the court of Civil Judge senior Division.

How do you dissolve a marriage amicably?

Couples that wish to file a summary dissolution of marriage can only do so if they agree on all issues have a signed agreement between the couple regarding the division of property (including cars) and debts.

How to mail a dissolution of marriage in Illinois?

You can mail the completed application for verification of dissolution of marriage/civil union record files (see FORMS in the right-hand column), PDF format, or send a letter providing the names of both parties, their dates of birth and the date and place of the dissolution of marriage, if known, and a check or money order ( do not send cash) for the $5 fee made payable to the "Illinois Department of Public Health" to:

What are the facts of a dissolution of marriage?

The facts of a dissolution of marriage include: names, dates of birth, date of event and city/county of event.

Where to drop off Vital Records in Illinois?

In-person orders can be dropped off for mail out within three business days at the Illinois Department of Public Health, Division of Vital Records office, 925 East Ridgely Ave., Springfield, on Monday through Friday from 10 a.m. to 3 p.m., excluding holidays. PLEASE NOTE: the person requesting the verification will be asked to show a valid photo identification card.

How long do you have to live in Illinois to file for divorce?

If you or your spouse has lived in Illinois for at least 90 days, you will be able to file for divorce. To do it yourself without a lawyer, you’ll need to file a petition for dissolution of marriage at the county courthouse where you live. The specific paperwork you’ll need will change depending on if it’s contested or uncontested, ...

How long does it take to get divorce in Illinois?

How long does it take to get a divorce in Illinois? A divorce can take anywhere from six weeks to 18 months to be fully finalized. Times can vary dramatically depending on whether your divorce is contested, if you have children, or if the other spouse is present.

What is a do it yourself divorce?

A DIY divorce is when you file all the paperwork with the court and make decisions about all the aspects of a divorce without the help of an attorney. In most cases, this is done in low-conflict divorces where the couple agrees on property division, child custody and support, and all other parts of the divorce.

What happens if you can't agree on divorce papers?

If you can’t agree on every aspect of the divorce, they may order mediation to help you and your spouse come to an agreement.

How much does it cost to file a divorce case?

Filing costs vary from county to county, but you can expect to pay a minimum of $250 for the basic filing fee. If you need to serve papers to a missing spouse or are ordered to attend mediation there can be additional costs. To find out more, consult the county clerk’s office in your county.

What to do before filing for divorce?

Before filing a divorce on your own, make sure you’re prepared. Consider how your property will be divided, if either side needs financial support, child support, parenting schedules, and every other aspect. If there is even one point that you and your spouse can’t agree on, a judge may order costly mediation or, if that doesn’t work, might have to decide themselves.

Why do people do DIY divorces?

The idea of a DIY divorce is to save time and money. But if you’re unsure of the process or make mistakes, it might end up costing you more in the end. When in doubt, consult an experienced family lawyer.

What is the summons form for marriage in Illinois?

Summons. The appropriate summons form is titled: “Summons Illinois Marriage and Dissolution of Marriage Act”. You will need to complete the summons form with the case name, the name and address of the opposing party and your information.

Where do you file for divorce in Illinois?

b. Venue (where do you file in Illinois?): You can file for divorce in the county in which you reside or the county in which your spouse resides. Filing in a county where neither you nor your spouse resides requires a written request (Motion) and hearing to proceed. The Motion must be filed at the same time that you file for divorce.

How long do you have to be in the military to file for divorce in Illinois?

You OR your spouse was an Illinois resident or was stationed in Illinois while a member of the armed services for at least 90 days before filing your petition asking for a Joint and Simplified Dissolution of Marriage.

What is joint and simplified divorce?

A Joint and Simplified Dissolution of Marriage is a court procedure that allows parties to get divorced faster and more easily if they meet certain specific criteria.

How much is your spouse's gross income before taxes?

The combined gross income (before taxes) of you and your spouse is less than $60,000. Your gross income (before taxes) is less than $30,000. Your spouse’s gross income (before taxes) is less than $30,000. You and your spouse have disclosed all assets and liabilities for all years of the marriage.

How long do you have to be a resident of Illinois to file a civil case?

One or both spouses must be a resident of Illinois (or stationed in Illinois while a member of the armed services) for at least 90 days prior to the filing of the case, or not less than 90 days before the final judgment is entered. b.

How to get court date in Lake County?

Once you have completed the required documents as listed above, e-file them with the Lake County Circuit Court Clerk’s Office and contact the Clerk’s Office in person or at 847-377-3209 to obtain a court date . Additionally, pay the required filing and court reporter fees.

How do I dissolve a marriage in Illinois?

You and your spouse BOTH agree to get a divorce. You and your spouse BOTH fill out the paperwork together. You and your spouse BOTH attend court.

Can I get a dissolution of marriage without an attorney?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

How do I file for divorce on my own in Illinois?

If you or your spouse has lived in Illinois for at least 90 days, you will be able to file for divorce. To do it yourself without a lawyer, you'll need to file a petition for dissolution of marriage at the county courthouse where you live.

Do you have to file for separation in Illinois?

In Illinois, legal separation (sometimes called separate maintenance) is available to couples who are living separate and apart from each other. To start the process, at least one spouse will need to file a petition for separation.Some states give couples a time limit for separation, but that's not true in Illinois.

How do you fill out a marriage settlement agreement?

Make sure you have all of the basic information and divorce forms you need according to the divorce laws in your state. Make sure you have all of the personal information you need. Include a statement that you and the other party are in agreement with the contents of the document.

How do I kick my husband out of the house in Illinois?

If your husband or wife has not moved out of the residence you cannot change the locks. The only way you can get them out of the house is via an order of protection. You'll see the court laying out a hardship test.

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

You must be separated from your spouse for six months in order to file for divorce in Illinois.

How old do you have to be to marry in Illinois?

Two people are eligible to marry in Illinois if they are: Over 18 years old (or meet requirements for an exception) Not already legally married to someone else or each other. Not closely related to each other. Legally competent to enter into a civil contract.

How long is a marriage license valid?

The marriage license is valid for 60 days, and is valid only in the county in which it was issued, which means that your marriage ceremony must take place within that county. There is a one-day waiting period before the license becomes effective.

What is the legal presumption of stepparents?

Access to step-parent and joint adoption on the same terms and using the same procedures as different-sex married couples; Legal presumption that both partners are parents of children born into the marriage, including access to custody, visitation and support orders concerning children upon breakup.

How to contact Lambda Legal in Illinois?

If you have questions about your state law, and whether you can marry in Illinois, we recommend that you call the help desk for Lambda Legal or the ACLU at the numbers listed below: ACLU of Illinois: 312-201-9740 Lambda Legal: 312-663-4413. If you live outside of Illinois, the clerk may ask you to sign an affidavit stating ...

What is the right to inherit in the absence of a will?

Right to inherit in the absence of a will, and certain financial protections while the estate is being settled; Same financial protections spouses receive against duty to repay public medical and nursing home costs upon death of a partner; and.

What happens if you don't want state law?

If either or both do not want the state law rights and mutual responsibilities the new law will provide married spouses, or are concerned about how your marriage may impact your access to federal benefits or private pension or health care benefits.

Who can officiate a wedding?

You may choose a judge, certain public officials, or a religious official to “officiate,” meaning to perform your ceremony. Your officiant must complete the certificate confirming that your ceremony has been performed, and forward it to the county clerk within 10 days of your marriage.

How long after filing a summons in Illinois do you have to file a divorce?

The first page of those papers should have the word “ Summons ” on top and then the following instructions, “YOU ARE SUMMONED and required to file your WRITTEN APPEARANCE AND RESPONSE…No Later than 30 days after service of this summons.” How do you prepare this written appearance and response to a petition for dissolution of marriage in Illinois?

What is the caption for divorce in Illinois?

Every document filed in an Illinois divorce proceeding must start with the case caption. That’s the Petitioner vs. Respondent followed by the case number.

Why do you need a counter petition for divorce?

One of the reasons you need a counter-petition for dissolution of marriage is that if your spouse suddenly withdraws their petition for dissolution of marriage the divorce proceeding is effectively over. This can often happen right before trial if the results are not looking good for the petitioner.

What happens if you don't file your court appearance?

If you don’t file your appearance, the opposing counsel will likely file a motion to hold you in default after the 30 day time period has tolled.

Can you deny each allegation in Illinois?

You can get into the details of why you deny each allegation but details are not required in an answer to a petition of dissolution of marriage in Illinois. It is the petitioner’s burden to prove those allegations not the respondent’s duty to disprove them.

When was the marriage in Chicago in 2015?

The parties were married June 8, 2015 in Chicago, Illinois” you can simply respond by writing, “1. ADMIT”. You can do this brief response for each respective paragraph on your spouse’s Petition For Dissolution Of Marriage.

Can you write "deny" on a divorce petition?

Sooner or later, one of the numbered allegations in your spouse’s petition for dissolution of marriage will be an allegation you do not agree with. For those allegations you can simply write “DENY.”

What is legal separation?

The remedy known as legal separation exists for purposes of reasonable support and maintenance of the parties while they live apart, and there is no time limitation on how long it can last.

What happens when a marriage breaks down?

When their marital relationship breaks down and spouses are looking at options for ending the marriage, most will immediately turn their thoughts to divorce. What you may not realize is that legal separation could be a route to consider, depending on your situation and objectives.

What is separation in divorce?

Separation is a way to “test the waters” for divorce since the parties can still move forward with dissolution.

Why is there confusion about separation?

Additional misunderstandings arise because the relevant statutory sections fall under the Illinois Marriage and Dissolution of Marriage Act, even though the statute on legal separation does not legally end your status as a married couple.

Can religious people divorce?

Parties with certain religious beliefs may not want to seek a divorce, so they can live independently without violating these values.

Does separating from your spouse end your marriage?

Legally separating from your spouse does not end your marriage, but it does somewhat alter your status in the eyes of the law. You might better understand how the process works by reviewing some key points: