On average, the cost to divorce in Illinois is $13,800. Include child custody and support, alimony, and property division into the mix, and financing a divorce sharply climbs to an average of $35,300.
What is the cheapest way to get a divorce in Illinois?
An uncontested divorce in Illinois is relatively cheap because it is agreed – meaning there is no fighting in court. Below is a basic explanation of the process: Meeting with a divorce lawyer: As your divorce lawyer, I will interview you and determine the relevant information. Meeting in person is often not necessary.
Do I have to pay for my spouse’s divorce lawyer in Illinois?
Under the Illinois Statutes, each party is generally responsible for paying their own court costs and legal fees in a divorce. However, the court recognizes that if there is not a level playing field in terms of each party’s ability to pay, it could put one spouse at a distinct advantage over the other.
Do I need a lawyer for a divorce in Illinois?
You don’t need to hire a lawyer to get an uncontested divorce in Illinois, and you can represent yourself during the process. You can try to handle everything yourself or use an online service to help with all the forms. (Some of these services will also do the actual filing for you, for an extra fee.)
How long does Illinois divorce take?
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.
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.
What is wife entitled to in divorce Illinois?
Under Illinois divorce laws, a judge will divide marital assets and physical property based on equitable distribution. This means the court will split property fairly. Keep in mind that this does not mean a straight 50/50 division based on the value of property and assets. Instead, the judge will weigh certain factors.
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.
Does it matter who files for divorce in Illinois?
The person who files first in Illinois usually gets to pick the county the divorce proceeding will be held in. So, the Plaintiff/Petitioner can file for divorce in either the county they live in or the county the Defendant/Respondent lives in.
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.
What does a judge consider in a divorce?
The judge considers factors specified in the state statute, such as the earning capacity, work history, age and health of both spouses in order to determine whether spousal support should be awarded and in what amount.
Does adultery affect divorce in Illinois?
How does adultery affect divorce in Illinois? Illinois is a no-fault divorce state, meaning that you do not have to prove marital misconduct to get a divorce. It also means that misconduct like adultery can’t be considered when deciding property division, child support, alimony, and child custody.
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.”
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 long do you have to be separated in Illinois before divorce?
How 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.
How long can a spouse drag out a divorce?
There is no deadline on divorce, so your spouse could delay the process for months and even years depending on the circumstances of your situation. However, you don’t have to sit around while your spouse takes their time. With the help of a lawyer, you can request a court hearing to address these issues.
What is the best way to handle a divorce?
- Recognize that it’s OK to have different feelings.
- Give yourself a break.
- Don’t go through this alone.
- Take care of yourself emotionally and physically.
- Avoid power struggles and arguments with your spouse or former spouse.
- Take time to explore your interests.
- Think positively.
How quick can I divorce?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.
Who qualifies 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.
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.
Is Illinois an alimony state?
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.
What is a wife entitled to after 10 years of marriage in Illinois?
In a marriage of under 5 years, maintenance payments last for 20% of the marriage’s length. For a 9-10 year marriage, alimony payments last 40% of the marriage’s length. 20+ years of marriage means alimony will either last the marriage’s length or indefinitely.
How are assets split in a divorce in Illinois?
Illinois is an equitable distribution state. So, when spouses are splitting assets in a divorce, marital property is not divided evenly between spouses. Instead, the court follows the Illinois property division laws to split assets based on what is fair.
How can I avoid paying alimony?
Ending the marriage as soon as possible If you end your marriage within a short period after your matrimonial relationship, you may not be asked to pay alimony to your spouse. The length of the marriage is also considered a criterion for deciding the amount of alimony in many states.
Can you refuse a divorce in Illinois?
Do Both Spouses Have to Agree to Divorce in Illinois? Both spouses don’t necessarily have to agree to get a divorce for the divorce to take place. Generally, even if one spouse doesn’t want to go through with the divorce, the opposing spouse may still be able to complete the process.