In Illinois, there is no mandatory waiting period for an uncontested divorce as long as you meet the residency requirements. A contested divorce usually has a waiting period of six months. Overall, finalizing a divorce in Illinois can take anywhere between 2 months and a year.
What are the steps for divorce in Illinois?
- First, you must meet the residency requirements of the state in which you wish to file.
- Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
- Third, you must file divorce papers and have copies sent to your spouse.
Do you have to go to court for a divorce in Illinois?
The courts do need to review and approve divorce requests It is not possible to complete a dissolution of a marriage in Illinois without going through the court system, even in cases where the parties are in agreement about everything.
Does my wife get half of everything in a divorce in Illinois?
Illinois is not a community property state – it is an “equitable division” state. That means marital property and debts need not be divided 50 / 50. Rather, the law requires property to be divided “equitably.” Many cases are resolved with 60/40, 70/30 splits and some even allocate ALL marital property to one spouse.
What is the first step in getting a divorce in Illinois?
The first step is to file a petition for divorce in the county in which one or both of the parties reside. In Illinois there is no waiting period to file a petition; however, a judgment may be granted once a party has resided in Illinois for 90 days. The fee for filing the divorce petition is different in each county.
How much does it cost to get divorce in Illinois?
How much your Illinois divorce will cost depends almost entirely on the complexities of your circumtances. The average cost of divorce in Illinois is estimated to be ~$15,000. If you qualify for an uncontested divorce you’ll likely be able to keep your divorce costs in the $2,500 to $5,000 range.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
How long does a divorce take in Illinois if both parties agree?
The timeline of a divorce can be dependent upon to what degree you and your spouse agree on such issues as allocation of parental responsibilities and child support. A simple uncontested divorce takes as little as two months, while an contested divorce can take much longer depending on the issues involved.
Is Illinois a 50 50 state in a divorce?
Illinois is an “equitable distribution” state, which means the court won’t simply divide marital property evenly. Rather than splitting everything 50/50, they look at each party’s current situation and future needs.
Can a divorce be denied in Illinois?
A: In Illinois, you cannot be denied a divorce. Some states have many grounds for divorce and may deny a divorce if you fail to prove the grounds that you allege in your divorce petition, such as adultery or habitual drunkenness.
Can you date while going through a divorce in Illinois?
Going on Dates While Divorcing in Illinois You may even already have someone special in your life other than your spouse. There is no law prohibiting dating during the divorce process.
Is alimony mandatory in Illinois?
Alimony is not mandatory in Illinois. Alimony is only awarded to a party when it makes sense in the specific case and there is a need.
How many years do you have to be married in Illinois to get alimony?
Permanent Alimony (Indefinite Alimony) The law provides that, “[f]or a marriage of 20 or more years, the court, in its discretion, shall order either permanent maintenance or maintenance for a period equal to the length of the marriage.”
Who gets house in divorce Illinois?
It is often one of the biggest assets to be divided, and both parties may have an emotional attachment to the house. There is no hard and fast rule as to who gets the home in an Illinois divorce. Generally, if there are minor children, then the spouse with the majority of parenting time will typically get the house.
How can I avoid alimony in Illinois?
If your spouse qualifies for maintenance, maintenance can be lowered by you earning less and your spouse earning more. Changing your income or your spouse’s income is the only way to avoid maintenance if there has been a guidelines order.
What is the first thing to do before getting a divorce?
- Never Threaten to Divorce Until You Are Ready to File.
- Organize Your Documents.
- Focus on Your Children.
- Make Sure You Have Three Months of Financial Resources.
- Obtain the Best Legal Advice You can Get.
- Make Sure You Have Available Credit.
Do both parties have to agree to a divorce in Illinois?
Both parties do not have to agree to get a divorce. A divorce can be filed by either party by filing a divorce petition along with a summons with the clerk of court and having it personally served upon the other party.
Is counseling required before divorce in Illinois?
Counseling is usually ordered after the divorce is finalized; however, counseling can be required while the proceedings are ongoing, usually upon consent of both parents. Both conciliation and counseling are private, and any information shared cannot be used as part of a Court proceeding.
Who pays for a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
Who pays alimony in a divorce Illinois?
All alimony is based on one spouse’s need for support and the other spouse’s ability to pay.
What qualifies you for alimony in Illinois?
Either a husband or a wife may qualify for alimony. If a spouse involved in a divorce in Illinois cannot support themselves or maintain a reasonable standard of living by themselves during or after the divorce may petition the court to receive alimony.
Can text messages be used against you in a divorce?
Can My Texts Be Used Against Me in a Divorce? The short answer is “Yes.” The court usually allows the person receiving the text to testify that he or she recognizes the phone number the text was sent from. The court might also ask about the sender’s identity and the context of the message.
How do you avoid getting screwed in a divorce?
- Dig into your spouse’s business.
- Protect your flanks.
- Nail down any money you brought to the marriage.
- Go after the pension and retirement accounts.
- Don’t expect permanent alimony.
- Fight for health benefits, when you don’t have your own group plan.
What not to do when you want a divorce?
- Don’t Get Pregnant.
- Don’t Forget to Change Your Will.
- Don’t Dismiss the Possibility of Collaborative Divorce or Mediation.
- Don’t Sleep With Your Lawyer.
- Don’t Take It out on the Kids.
- Don’t Refuse to See a Therapist.
- Don’t Wait Until After the Holidays.
Can you get a divorce without going to court?
In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.