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Illinois Divorce Laws
Illinois Residency Requirements
The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this state or was stationed in this state while a member of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 104 and 401)
Illinois Divorce Grounds:
That the spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage or if the spouses have lived separate and apart for a continuous period of not less than 6 months next preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of 2 years may be waived upon written stipulation of both spouses filed with the court. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 401)
Illinois Property and Debt Division
The court shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors, including: (A) the contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit; (B) the dissipation by each party of the marital or non-marital property; (C) the value of the property assigned to each spouse; (D) the duration of the marriage; (E) the relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children; (F) any obligations and rights arising from a prior marriage of either party; (G) any antenuptial agreement of the parties; (H) the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties; (I) the custodial provisions for any children; (J) whether the apportionment is in lieu of or in addition to maintenance; (K) the reasonable opportunity of each spouse for future acquisition of capital assets and income; and (L) the tax consequences of the property division upon the respective economic circumstances of the parties. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 503)
Illinois Spousal Support, Maintenance, or Alimony:
In a proceeding for dissolution of marriage a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct, in gross or for fixed or indefinite periods of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including: (A) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance; (B) the needs of each party; (C) the present and future earning capacity of each party; (D) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; (E) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment; (F) the standard of living established during the marriage; (G) the duration of the marriage; (H) the age and the physical and emotional condition of both parties; (I) the tax consequences of the property division upon the respective economic circumstances of the parties; (J) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; (K) any valid agreement of the parties; and (L) any other factor that the court expressly finds. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 504)
Illinois Custody and Visitation:
The court shall determine custody in accordance with the best interest of the child and shall not consider marital conduct. The court shall consider all relevant factors including: (A) the wishes of the child's parent or parents as to his custody; (B) the wishes of the child as to his custodian; (C) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest; (D) the child's adjustment to his home, school and community; (E) the mental and physical health of all individuals involved; (F) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person; (G) the occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person; and (H) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 602, 603 and 610)
Illinois Child Support:
If the parties can not agree to a support amount, the court will apply the support guidelines. If the court makes a finding that the application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors: (1) the financial resources and needs of the child; (2) the financial resources and needs of the custodial parent; (3) the standard of living the child would have enjoyed had the marriage not been dissolved; (4) the physical and emotional condition of the child, and his educational needs; and (5) the financial resources and needs of the non-custodial parent. If the court deviates from the guidelines, the court's finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines. (750 Illinois Compiled Statutes - Chapter 5 - Sections: 505, 507)
Illinois Common Questions
How Do I Know if I Should File in Illinois?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
Can I Use 3StepDivorceTM if I Cannot Locate My Spouse?
Yes. The system for Illinois will provide the required paperwork and the filing procedure for divorcing your missing spouse. This is referred to as a "divorce by publication".
How Much Are the Illinois Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Illinois?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Illinois?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Illinois?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Illinois Divorce Forms
Illinois Forms: Our question and answer technology will allow you to easily complete your Alaska divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Illinois Divorce Forms List
|See if you qualify & create account!|
|Answer the questions at your own pace.|
|Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).|
All Your Completed Illinois Divorce Forms
Everything in Writing As Suggested by Lawyers & Judges
East to Follow Step-by-Step Filing Procedures
Instant Delivery & Editing Without the Wait
Unlimited Free E-mail and Phone Product Support
Works With or Without Children
100% Court Approval Guarantee or Your Money Back
Real-Time Customer Ratings and Reviews
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Illinois. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorceTM you will complete and instantly print your divorce forms (including a marital settlement agreement), and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce, learn more about getting your Separation Agreement.
3StepDivorceTM is a premium online divorce solution provided by Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited divorce resource since 1997.
|Provided by Divorce Source (online since 1997) Over 500,000 forms processed.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
|Step-by-Step filing procedures (who, what, where & when)||Court approval or your money back (100% guaranteed).||Unlimited toll free phone and email product support.||Online Divorce Organizer & 40+ Self-Help Divorce eBooks||Free Online Negotiation Tool (just in case you can't agree!)|