how to file for divorce illinois no attorney

by Dr. Zechariah Hyatt II 5 min read

At a very high level, here's how you can divorce in Illinois without a lawyer: First, you and your spouse both agree to mediate your divorce. Illinois divorce mediation will only be an option for you if both of you are willing to mediate. Next, you need to learn about the cost of divorce mediation as well as how to find a good divorce mediator.

Full Answer

What are the legal requirements for divorce in Illinois?

Filing out the proper paperwork, in the proper order, is critical to success in filing for divorce without a lawyer. The do it yourself (DIY) divorce kit provided by Illinois Do It Yourself Divorce contains all the required forms along with tutorials to ensure you are filling out each one correctly and in the proper order. You will then take the forms to your local Circuit Court to initiate the …

What are the steps in the Illinois divorce process?

May 21, 2021 · To file for a no-fault divorce in Illinois, at least one spouse has to have resided in the state for at least 90 days. Fill Out your Forms To begin the process of divorce in Illinois you must first file the Petition for Dissolution of Marriage.

How long does an uncontested divorce take in Illinois?

Apr 29, 2020 · How to File for Divorce in Illinois 1) Get the Proper Divorce Forms. The first step to starting the divorce process is filling out and submitting several... 2) Gather Information. If you have children, there is additional information you will need to …

How much does a simple divorce cost in Illinois?

Mar 12, 2020 · If your spouse is living somewhere else, you can still file for divorce. To do this you would file alone, then issue a summons to officially notify them of the divorce. If you know your spouse’s address, you can file with the Sheriff’s office or a private process server. If you don’t know where your spouse is, you can file a summons through a local newspaper. If your spouse …

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Can you file for divorce without a lawyer in Illinois?

You don't need to hire a lawyer to get an uncontested or agreed divorce in Illinois, and you can represent yourself during the process. ... Even though there's no court battle in an uncontested divorce, one or both spouses can hire attorneys to help them through the uncontested divorce.

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 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.

How much does a simple divorce cost in Illinois?

The average cost of divorce in Illinois if you have no children is the 13th highest in the nation at about $13,800. The average cost of divorce in Illinois if you do have children is the 14th highest in the nation at approximately $20,700. Divorce filing fees in Illinois can range from about $210 to $388.Jun 10, 2020

Can you get a divorce without a lawyer?

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

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

six monthsThe state of Illinois requires the spouses to live separate and apart for six months prior to filing for divorce.Nov 16, 2020

Can you get a divorce without the other person signing the papers?

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.Feb 2, 2022

How long does the average divorce take in Illinois?

Uncontested divorce takes as little as two weeks to two months, while contested divorce takes as long as 18 to 30 months depending on the issues involved.

Can both parties file for divorce?

A joint petition for divorce allows both spouses to file for divorce together. Depending on the state you live in, if two people want to get a divorce and it is uncontested or no-fault, they have the option to file a joint petition for dissolution of marriage.

How do 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.Nov 16, 2020

How much does a divorce cost if both parties agree?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

How much is alimony in Illinois?

The basic formula for alimony in Illinois is fairly simple: (33% of the payer's net income) – (25% of the recipient's net income) = the yearly maintenance paid. One condition to this is that the amount awarded cannot cause the receiving spouse to earn more than 40% of the couple's combined net income.

Who pays court fees in divorce?

The simple fact is that the petitioner always pays the divorce fees. The person filing for the divorce (known as the Petitioner) will always pay the divorce filing fee.

Can I get a divorce without my spouse knowing?

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.

How do I start the divorce process?

To start the divorce you will need to the following: File a document, called a Petition, to the Court to initiate the divorce process. Only one spouse can file for a divorce (the Petitioner). The other party is known as the Respondent. ... Apply for a Decree Nisi. Apply for a Decree Absolute.

Can I get divorce without going to court?

No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.Jan 18, 2017

How Long Do You Have to Be Separated Before You File for Divorce in Illinois?

There is a "separate and apart" waiting period intended to allow the parties to cool down and reconsider the decision to divorce. In Illinois, this...

How Much Does It Cost to File for Divorce in Illinois?

The cost of filing a divorce in Illinois depends on whether you have an attorney. Your attorney's fees will depend upon how complicated your case i...

Do You Need an Attorney to File for Divorce in Illinois?

Like all legal proceedings, it's always best to have an attorney to get the best outcome. But you can file for a divorce by yourself. The process i...

Is There a Faster Way to Get a Divorce in Illinois?

If you and your spouse don't have any children, have little money, and agree on everything, Illinois courts may allow you to have what is called a...

How to get divorce in Illinois without a lawyer?

The answer to the question, "How to get a divorce in Illinois without a lawyer," is to mediate your divorce by working with a highly skilled and professionally trained divorce mediator.

Who is Joe Dillon?

Joe Dillon, MBA is a professional divorce mediator and founder of Equitable Mediation Services. Joe is passionate about helping couples avoid the destruction of attorney-driven litigation and specializes in helping couples resolve the issues required for divorce -peacefully, fairly and cost-effectively. When he’s not mediating, you can find him exercising, cooking, and watching Cubs baseball.

Can you spend a fortune on divorce in Illinois?

In Illinois, no one wants to spend a fortune on their divorce or have it drag on forever. Yet that's exactly what can happen when you involve lawyers in an Illinois divorce process.

What is the importance of having all your cards on the table?

In order to come to a truly comprehensive divorce agreement, it is critical that you each put "all your cards on the table" so that an open and honest dialogue may be had and all items be properly discussed.

What Paperwork is Required to File for Divorce?

In order to file for a no fault divorce in Illinois, at least one of the partners must have been residing in the state for the previous 90 days. Filing out the proper paperwork, in the proper order, is critical to success in filing for divorce without a lawyer.

Who is Eligible for a No Fault, Do It Yourself Divorce?

Technically, all couples where both parties are in agreement regarding the terms of divorce can file their own no fault divorce petition without the help of a lawyer.

How Much Money Will We Save Filing For Divorce Ourselves?

While there is no absolute answer to this question, couples who do not need to hire lawyers to represent them in court or for help filing out paperwork are likely to save thousands of dollars overall.

A DIY Kit for the Entire Divorce Process

Learning how to file for divorce in Illinois without a lawyer has never been easier thanks to the help of the internet and Illinois Do It Yourself Divorce. With all the paperwork you’ll need for the entire process available for download and tutorials that accompany every form, you can be sure you are taking the proper steps from start to finish.

How long does it take to get divorced in Illinois?

This period is only 6 months for couples who agree on the divorce in writing, but 2 years for couples where only one member brings forth the divorce.

How long does a divorce trial last?

A trial can last anywhere from a week to several years , with a resolution coming over a long period of time. Whether or not your divorce goes to trial, if you feel like you need help don't hesitate to contact a lawyer. You can Find a Lawyer who's right for your situation and needs using Rocket Lawyer.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

Can a spouse file for divorce?

However, the spouse is able to file papers individually or through an attorney submitting himself to the jurisdiction of the Court. Once these papers are filed the divorce case begins. You must obtain the forms for filing for divorce from your local Circuit Court. Specifically, the forms vary from county to county, ...

What is Guardian Aid?

The Guardian Aid advocates for the best interests of the child and reports to the court in attempts to finding what living situation and custody situation is best for the child. This phase is a bit ambiguous.

Is formal discovery necessary?

In this case, formal discovery is necessary. In formal discovery requests are made for documents and financial statements. During the discovery phase parents are also supposed to determine what type of custody they are fighting for.

What is temporary stabilization?

The temporary phase's goal is to keep up the status quo and solve any immediate issues that the family may be facing that would cause the divorce. In a domestic violence case for example, calling for a restraining order upon the domestic violence offender would be a type of temporary stabilization.

What is an uncontested divorce?

An uncontested divorce is when couples are able to agree on all the important aspects of their divorce without having to go to trial or mediation. When spouses can agree on how to handle child custody, visitation, spousal support, and property division – an uncontested divorce is a faster and more affordable option.

How much does it cost to get divorced?

No matter what, you’ll have to pay a filing fee with the circuit court in the county you live in. The fees vary county by county but typically are around $250-$350.

What is joint petition divorce?

A joint petition divorce is when both couples file for a Dissolution of Marriage together instead of separately. Since you won’t have to officially notify the other spouse and will have worked out the big details in advance, it can drastically save time.

Do you need a parenting plan for a minor child?

Additionally, in marriages with minor children, you’ll need to create a parenting plan. This will lay out parenting time and responsibilities, or in other words, where the kids are staying and who gets to make major decisions.

Is Illinois a no fault divorce state?

No. Illinois is a no-fault divorce state, meaning that nei ther spouse has to prove wrongdoing to get a divorce. That means you can file for a divorce without getting permission from the other. If the other spouse answers after being officially notified and does not agree, then the case is considered contested. ...

Is divorce easy in Illinois?

Divorce is never easy. However, if you and your spouse are on speaking terms, then getting an uncontested divorce in Illinois can make the process significantly easier. In a contested divorce, the added conflict tends to lead to the need for extensive negotiation or litigation. Added to that, if one spouse is hiding anything from the other, ...

How to change child support?

If you want to change the amount of child support that has been ordered, you will need to file a motion asking the judge to do that. You can use the Motion forms . You will need to state on the Motion the reason the support should be changed. The form can be used to ask that the support be increased or decreased.

How to flatten a PDF?

E-filing: If you are e-filing any of these forms, you will need to "flatten" the form so it cannot be changed after you complete it. You flatten the form in one of two ways: 1 If you used Adobe Acrobat or Reader to complete your downloaded form, go to the "File" menu at the top, select "print", and choose "Adobe PDF" from the printer dropdown menu. You will be told to save the form. Use this "flattened" form to e-file. 2 If you did not use Adobe Acrobat or Reader (recommended), Your computer should designate file associated software that will allow you to fill in fillable fields within the forms. You will need to ensure that your files are flattened before e-filing. You will need to look for “Save as PDF” option. Depending on the software you use, this may be found in the print dialog box under your “Print” menu option. 3 Before e-filing any "flattened" form, be sure to open the file making sure it is not blank, missing any filled in content, and looks correct overall.

How to print a PDF from Adobe Acrobat?

If you used Adobe Acrobat or Reader to complete your downloaded form, go to the "File" menu at the top, select "print", and choose "Adobe PDF" from the printer dropdown menu . You will be told to save the form. Use this "flattened" form to e-file.

Is Illinois Legal Aid online free?

Illinois Legal Aid Online provides a guided interview that will ask you a series of questions related to this topic and then the program will complete the forms for you. It is free to use.

How long do you have to live in Illinois to get divorced?

To get a divorce, one spouse must have lived in Illinois for at least 90 days. You do not need to file for divorce where you got married. A married couple can get divorced if they can prove to a judge there are " irreconcilable differences " between them.

How long does it take to get divorced?

Contested divorces can take 18 months or more to be resolved. A divorce is contested if spouses disagree about: 1 Whether to get a divorce, 2 Where the children should live, 3 Where a companion animal should live, 4 How much child support should be paid, 5 How property should be split up, 6 Who should pay certain debts, or 7 Whether " maintenance " or spousal support (alimony) should be paid.

What is an uncontested divorce?

An uncontested divorce means that the spouses agree to not only getting a divorce, but to all the issues involved in the divorce. Some spouses might qualify for a joint simplified divorce. There are specific legal requirements for this type of divorce. But if you qualify, your case can be finished more quickly.

How long do you have to take parenting classes?

This class teaches parents ways they can avoid hurting their children during the divorce. Both parents must take this class within 60 days after the first meeting with the judge. Some courts may allow parents to take ther parenting class online. Contact your local circuit clerk’s office for information about a court-approved course. You should also see if you qualify for a fee waiver, and how you get a "Certificate of Completion,” to prove you have taken it. The Center for Divorce Education has a list of available options.

What is the meaning of marital debt?

"Marital debt" means debts that a couple gets while they are married. Spouses are responsible for each other's expenses for the family during their marriage. Even if a debt was only in one spouse's name, creditors can still come after either spouse for it. An ex-spouse is not responsible for the other ex-spouse's post-divorce debts.

What is a financial affidavit?

Financial affidavit Easy Form. A program to prepare Financial Affidavit forms that provide financial information and documents to the other party in family law cases.

Can a divorced person get custody of a pet?

Learn more about dividing property in a divorce. A person in a divorce can also petition for custody of a family pet. The judge will then decide which spouse will get custody. The judge can take into account the best interests of the pet.

How long does it take to get divorce in Illinois?

Divorce due to irreconcilable differences will proceed most smoothly if both spouses consent to the dissolution of the marriage.

How much does divorce cost in Illinois?

The discussions about whether or not your marriage is irreconcilable can be emotional and confusing, so it is crucial to hire an accomplished divorce attorney at the beginning of the divorce process. At the Law Office of Ronald L.

Why is divorce so expensive?

There is no mandated waiting period for an uncontested divorce in Illinois. Contested divorces have a waiting period of six months. Uncontested cases are the quickest and can happen within weeks or months. Contested cases may take up to a year or more. or fill out the form below to book a consult.

What is the first step in a divorce?

Typically the cost of divorce ranges from $2,500 to $25,000.

How to save money on divorce?

Putting an exact price tag on divorce is hard because every couple is so different . Cases that involve a lot of property to divide, minor children, or spousal support issues tend to be more expensive. Further, if you and your spouse can’t agree on the issues and the case goes to trial, the cost will likely double.

What is a temporary order in a court case?

If your divorce is contested, it can be helpful to understand the process. The first step of a contested divorce is a hearing to establish temporary orders.

Is divorce a numbers game?

This can be done either through private Process Servers or through the county Sheriff’s office. If you don’t need to inform your spouse of the divorce, you can save money on this if your spouse signs an Entry of Appearance form in advance. If you can’t afford the filing fees, you can ask the court to waive the fees.

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