The decision to end a marriage can be fraught with stress. Filing for divorce seems like a quick and easy way out of a failed union. But rules and regulations must be followed when filing for a divorce, which is why seeking a qualified divorce attorney is a prudent decision.
Each state has rules when filing for divorce. Before the divorce can be legalized in the state of Illinois, certain requirements must be met, such as residency. Additionally, depending on whether the divorce is contested or uncontested, a trial or an agreement, respectively, may follow the divorce petition.
What are the residency requirements?
When seeking a divorce in Illinois, residency requirements must be met. At least one spouse must reside in the state for a minimum of 90 days prior to filing for divorce (an individual serving in the military should be stationed in the state).
Is Illinois a no-fault divorce state?
Illinois is a no-fault divorce state. This means that one spouse does not shoulder the burden of having to prove the other spouse engaged in bad actions that led to the divorce. A no-fault divorce proceeds faster than fault-based divorces for a few good reasons.
One reason no-fault divorces reach resolutions faster is that the spouses do not battle it out trying to prove that the other was responsible for the divorce. Plus, one divorcing party is not obligated to receive the consent of the other spouse to end the marriage.
When the chances of reconciliation are minimal due to irreconcilable differences, an Illinois court will have reason to grant the divorce. Similarly, a judge will find grounds for divorce when the spouses live separately for six consecutive months prior to the divorce judgement.
How does a spouse file for divorce in Illinois?
A spouse who wants to dissolve the union must first file divorce paperwork in the local Illinois circuit court. The other spouse has 30 days to respond to the petition. The courts begin processing the divorce case after this time. Illinois does not mandate a waiting period.
Court filing fees must be paid to begin the divorce. These costs vary from county to county, but can range anywhere from $200 to $350 in Illinois. The exact amount can be obtained by contacting the circuit court clerk at the courthouse where the divorce is filed.
After the spouse has been served the divorce papers—and if the divorce is contested—a hearing will be scheduled. The judge will arrive at decisions if the divorcing parties argue. If the judge has enough information, a Judgement of Dissolution of Marriage will be entered on the spot.
How does a spouse file for divorce for free?
The fee of filing for divorce is high; however, the filing can be free for individuals who are unable to pay it. The court filing fees can be waived by requesting the judge to do so; fill out the Application for Waiver of Court Fees to request the waiver.
Utilize programs, such as Illinois Legal Aid Online, to prepare the fee waiver. If the court grants the request to waive the fees, the divorce petitioner does not have to pay filing fees or the costs associated with issuance of service of process during the divorce proceedings.
How much does a divorce cost in Illinois?
The cost of divorce depends on the complexity of the divorce. In Illinois, the estimated range is $11,000 to $14,000. Attorney fees and professional appraisals make up the bulk of the fees. Complex cases involving property, assets, and children cost more. Simple cases average $5,000.
How long does a divorce take in Illinois?
Once the residency requirement is met, a divorce in Illinois can take anywhere from two months to two years to finalize. The process is dependent on several factors, such as whether or not the divorce is contested. When spouses argue about diverse topics, the divorce takes longer.
Plus, when more assets are involved, the court takes extra time to divide them. Similarly, the courts examine the issues surrounding any children, which could lengthen the divorce proceedings. Especially when the divorcing parties fail to agree, the process is drawn out.
How long does an uncontested divorce take in Illinois?
When both spouses file for divorce, it is considered uncontested. Since they share an attorney and agree on how to move forward, this type of divorce is resolved quickly. An uncontested divorce can be finalized within two months to a year. Any delays will be due to the court’s calendar.
Call Our Divorce Attorneys at Allen Gabe Law, P.C.
Going through a divorce is challenging, which is why divorcing parties need a capable lawyer on their side. An attorney can set up divorcees for a brighter financial future through the skillful division of property and improve family dynamics by advising on child custody issues.
Spouses contemplating a divorce in Illinois should seek an experienced divorce attorney to minimize stresses and ensure all matters, from child custody to the division of property, are properly addressed. The lawyers at Allen Gabe Law, PC, will give you the legal support you need during your divorce.
Our divorce attorneys offer a wealth of experience in the area of family law. We stay up-to-date on Illinois laws, and our expert legal knowledge can help you reach a resolution that is favorable to you and your children. We represent clients who seek a contested or an uncontested divorce.
At Allen Gabe Law, PC, our lawyers are experienced in a wide range of matters. We succeed in representing clients with issues surrounding child support, spousal support, property division and child custody and visitation. Our lawyers can draft a post- or pre-nuptial agreement.
Our vast experience in all aspects of Illinois divorce law gives us the ability to represent you with skill and dedication. We are committed to delivering the best legal experience possible. Contact our Schaumburg, Illinois, office to schedule a free consultation with one of our qualified divorce lawyers.