Like most states, Illinois divorce law provides for an option called no-fault divorce. This means that neither party has done any thing wrong to cause the divorce, but rather that the marriage is irretrievably broken. When both parties want the divorce and are in agreement concerning marital issues like spousal support, child custody and division of property and debt, then the divorce action is considered uncontested.
Illinois couples who wish to file an uncontested divorce in the state can take advantage of a number of free resources that make the process fairly simple and straightforward. Parties will save time and money if they are able to file for and finalize an Illinois divorce without using the services of an attorney.
Residency and Jurisdiction Requirements to File for Divorce in Illinois
In order to file for divorce in the state, the husband or the wife must have lived in Illinois for at least 90 prior to the action being filed. However, if child custody is to be determined, one of the parties must have lived there for six months prior to filing.
As long as both parties are in agreement, the divorce can be filed with the clerk of the circuit court in the judicial district of the county where either one of them live. Since filing fees are different in different counties, some people choose to file in the county with the cheapest fees.
Low Cost Resources for Divorce Forms Needed for Filing in Illinois
There are a number of helpful sites that parties who wish to file their own Illinois divorce can take advantage of. Illinois Legal Aid has links to all of the forms necessary to prepare in order to open an uncontested divorce action. Additionally, the site provides an excellent, detailed overview of the state law along with details regarding proper paperwork preparation and what to expect after filing.
The Southern Illinois School of law also maintains an online divorce resource section for people wishing to divorce in the state of Illinois. Forms and instructions are free for download and can be used in any circuit court in the state.
Final Hearing for an Uncontested Illinois Divorce
Illinois does not have a waiting period after an uncontested divorce action has been filed. As long as the parties are in agreement, they can schedule the final hearing to take place as soon as the court has room on its calendar. The hearing can be scheduled by calling or visiting the clerk of the circuit court where the paperwork was filed.
How soon the case can be heard will depend on the backlog of suits before the judge. Most final hearing last less than 20 minutes. The party who filed the divorce, also known as the Petitioner, must be present. The other party, also called the Respondent, can also attend, but it is not a requirement. Although it is not a requirement, if the parties have children, it is a good idea for both of them to be present in front of the judge.
The judge will ask some questions based on the information contained in the husband and wife's divorce paperwork. If nothing has changed since the paperwork was filed and if all of the proper forms have been presented, the judge will sign a final decree. This document will need to be filed with the clerk after it is signed.
Getting a divorce in Illinois without using a family law attorney takes some persistence and some leg work, but it is not difficult if the spouses have come to agreement concerning the settlement of their marriage. Depending on the schedule of the individual courts, most uncontested divorces in the state can be finalized within two to three months.
For more information regarding divorce and self-representation, please read Self Representation in Court without an Attorney, How to File a Quick Easy Uncontested Divorce in Florida and How to File an Uncontested Pennsylvania Divorce.
Janice Fahy - Janice Fahy is a freelance writer who is comfortable researching and writing on just about any topic under the sun.
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