Experiencing the divorce process may be complex, emotionally exhausting, and can change between states. Here’s some common FAQs on Illinois Divorce.

FAQs about Illinois Divorce

What are the grounds for divorce in Illinois?

Recently enacted amendments to Illinois statutes enable people to file for a divorce in situations of physical and mental abuse and for a no-fault divorce. Illinois courts have recently adopted divorce due to irreconcilable differences.

How long does one have to be living in Illinois to file for divorce in the state?

Residency in Illinois must be for at least 90 days to qualify for divorce in the state.

What if a spouse is in the military outside of Illinois?

In Illinois, a spouse can file for divorce if they reside or are stationed in Illinois.

Related: How Much Does a Divorce Cost in Illinois?

Does it matter which spouse files for divorce first in Illinois?

No strategic advantage applies if a spouse files for divorce before the other spouse does.

In Illinois, what if one spouse does not want a divorce?

One spouse cannot prevent a divorce. Their uncooperation may prolong the process because Illinois requires proof of divorce instead of agreeing to mutual desires to end a marriage.

What forms does Illinois require to be filed for a divorce?

Necessary forms include a Petition for Dissolution of marriage and a summons to serve the other spouse. Additionally, if a spouse has immediate concerns, the court may intervene with a Motion for Temporary Relief.

How do I serve divorce papers to the other spouse in Illinois?

A private process server or sheriff may serve the divorce papers to the offending spouse. A clerk will issue the summons assigned based on the county of Illinois.

If one cannot successfully serve their spouse divorce papers, what can they do in Illinois?

If an individual cannot locate their spouse, they may publish a notice in an Illinois newspaper stating the case is pending. However, this notice is the last resort and requires court approval.

Related: How to Modify Child Support in Illinois

Does Illinois require all divorce claims to go to court?

In Illinois, all divorce cases require an appearance in court, Even if a divorce is uncontested and simple, a judge must hold a hearing to finalize the terms and approve the marital separation.

How long in Illinois does a couple need to be separated before they can file for a divorce?

In Illinois, a “separate and apart” waiting period applies to allow both parties time to reconsider the divorce before finalizing the claim. Their time apart must be for a minimum of 6 months.

What is the typical waiting period in Illinois for a divorce to be taken to court?

Spouses can receive a divorce in a little of 30 days in Illinois. A divorce case can also take up to a year or more depending on its complexity. If multiple hearings take place, one can expect the divorce process to take longer.

What is the approximate cost of a divorce in Illinois?

In Illinois, the average cost of a divorce is $13,800. However, the cost of one’s divorce may heavily depend on the specifics of the case, such as attorney fees, filing expenses, and other charges.

Does an individual actually need an attorney for divorce in Illinois?

Illinois law does not require either party to hire a lawyer. Spouses should understand how a divorce can be legally confusing and overwhelming if they do not have a legal background. If an individual makes a mistake in divorce terms and contracts, their error may impact finances, child access, and other critical factors for the rest of one’s life.

What will be included in a divorce judgment in Illinois?

In a divorce case, the couple must agree on spousal support, division of assets and debts, and child custody. A court may dissolve a marriage before these issues are resolved in specific cases.

Is spousal support mandatory when going through an Illinois divorce?

Illinois does not require alimony as a divorce requirement. A judge only grants spousal support when a spouse petitions for support and has financial needs.

How do Illinois courts determine alimony?

A formula an Illinois judge may follow when determining alimony is to take: 33% of the payer’s net income – 25% of the recipient’s net income = the yearly maintenance paid. The only stipulation is the awarded amount cannot cause the receiving spouse to earn more than 40% of the couple’s net income.

Can the wife change their last name at the time of an Illinois divorce?

A wife may choose to change her marital name and go back to their maiden name at the time of divorce. A husband cannot prevent her from doing so.

Can a wife change the children’s last name in a divorce in Illinois?

Illinois requires both parents’ permission to change the children’s last names after a divorce. A parent must file a petition with the court to formally change their last name. Moreover, a court has to find the change is in the child’s best interest not just what a parent wants.

At what point in Illinois can a spouse begin dating or remarry?

In Illinois, no waiting period for dating or remarriage applies after a marriage dissolution in a court. However, dating during a divorce process may complicate the process.

Once Illinois finalizes a divorce, how long does one have to continue to live in the state?

Parties do not have to remain in Illinois after a court finalized their divorce. If the parties have children, a judge must issue a court order permitting the children to leave the state.

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