Our 3StepDivorceTM Online Divorce for Illinois is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the Illinois courts to finalize your divorce.
In the event that the documents provided are not accepted by the Illinois court due to the fault of 3StepDivorceTM, you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
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)
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?
No, you must be able to locate your spouse to use our services. If you cannot locate your spouse, or your spouse does not agree to the terms of the divorce, consider talking to a family law attorney in your state.
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 Forms: Our question and answer technology will allow you to easily complete your Illinois 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
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A total of 95 people have started their divorce through 3StepDivorceTM in the last 24 hours and 919 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
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 3StepDivorce TM you can complete and print your Illinois uncontested divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in Illinois 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 online in Illinois, learn more about getting your Separation Agreement or learn more about the basics of divorce in Illinois and how to do your own divorce in Illinois . Also, If you have any questions try visiting our Illinois Divorce Online Help Center .
Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the court’s requirements for the next steps you’ll need to take.
Traditionally, most people have hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to a much cheaper option that’s still easier than figuring out everything on their own: filing for divorce online.
If you want to know more, read on for answers to some of the most common questions about online divorce (also called “dissolution of marriage”) in Illinois.
Illinois 3StepDivorce™ takes care of the divorce paperwork for you. Once you sign up for the service, you’ll answer some questions about your situation. Based on your responses to the questionnaire, Illinois 3StepDivorce™ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information that’s needed. You’ll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
Illinois has two basic requirements to file for divorce in the state: a residency requirement, and a finding by the court that the spouses have irreconcilable differences.
One of the spouses must have been a resident of Illinois for at least 90 days immediately before filing for divorce. (750 Ill. Comp. Stat. § 5/401(a) (2022).)
Illinois is a “no-fault” divorce state. This means that the filing spouse doesn’t have to prove that the other was at fault for ending the marriage. Instead, the divorce complaint will state that the couple has “irreconcilable differences” that have made it so they are no longer compatible. Irreconcilable differences is the only ground (reason) for divorce in Illinois.
Many Illinois residents are finding that they can file for divorce and get through the process without the expense of hiring a lawyer if they’re filing for an “uncontested divorce” in the state. That means that they’ve agreed with each other about all of the legal issues in their divorce, including:
how to divide their property and debts
child custody, visitation, and child support (if they have minor children).
If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, you’ll have to file for a traditional, contested divorce. Because that will involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for you—especially if your spouse has an attorney.
You may use Illinois 3StepDivorce™ as long as you have an uncontested divorce and meet the state’s residency requirement. You’ll need to have a written marital settlement agreement, signed by both you and your spouse, that covers all of the issues in your divorce. Illinois 3StepDivorce™ will create this agreement for you, based on your answers to the questionnaire—which serves as a guide for the provisions and options you should consider.
Illinois 3StepDivorce™ can also help if you aren’t ready to file for divorce, but you want a separation agreement with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills while you’re separated but still legally married.
Just because you haven’t been able to agree with your spouse about everything in your divorce, that doesn’t necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could try divorce mediation. If you’re able to resolve your disagreements with the mediator’s help, you can then use Illinois 3StepDivorce™ to prepare the written settlement agreement, along with the other divorce paperwork.
Generally, you can use Illinois 3StepDivorce™ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions. Illinois 3StepDivorce™ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but you’ll have an option of customizing the schedule to meet your individual needs.
However, you won’t be able to address custody-related issues with Illinois 3StepDivorce™ if the affected child or children don’t meet the “home state” requirement. Usually, this means that Illinois must be the home state of the child on the date the divorce is filed, or that Illinois was the home state of the child within six months before filing (and the child is absent from Illinois but a parent or person acting as a parent continues to live in the state). (750 Ill. Comp. Stat. § 5/601.2 (2022).) If you don’t meet the home state requirement, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule.
In Illinois, both parents have an obligation to support their children. And like all states, Illinois has child support guidelines for calculating how much support the parents should pay, based largely on their incomes and custody arrangements.
3StepDivorce™ provides the Illinois Child Support Guideline Worksheets, so you can easily calculate the state's guideline level of support. You and your spouse may agree to an amount of child support that differs from the guideline amount, but the judge will review your agreement to determine if the amount of support is in your children’s best interests.
In your settlement agreement, you and your spouse may include child support provisions that aren’t legally required, such as a parent’s contributions to private school tuition or the cost of a child’s college education. You may also agree on some specific questions like which parent will claim the children as dependents on tax returns.
After your divorce in Illinois is final, you (or your spouse) may request a change in the amount of child support, but you’ll need to show that your circumstances have changed significantly. The judge will review your request based on the same legal requirements for an original child support order.
If you want to save the time and expense of a court battle over a request to modify child support, you and your spouse may agree to a modification on your own.
When you fill out your questionnaire for Illinois 3StepDivorce™, you’ll answer a series of questions about your separate and marital property and debts, including how you’ll divide your marital property and allocate responsibility for payment of the marital debts.
If you own a home with your spouse, your agreement can spell out what will happen to it when you get divorced. Here again, the questionnaire will include a few questions about the property and how you’ve chosen to deal with it, such as:
selling the house and splitting the proceeds
transferring ownership to one spouse, with the other spouse receiving money or other assets in exchange for that spouse’s share, or
continuing to own the property together while allowing one spouse to stay in the house for a period of time (and, if so, how you’ll handle paying the mortgage and other ongoing costs).
In your Illinois 3StepDivorce™, you may also agree on whether and how you’ll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.
If you started contributing to the retirement plan before you were married, you’ll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You’ll almost always need this kind of expert help when you’re dealing with a defined-benefit pension.
Once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here’s how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don’t have to hire another expert to prepare the kind of special order that’s needed to tell the 401(k) administrator how to divide the account.
The rules are different for IRAs. You may simply agree to have your spouse’s share transferred to another IRA account in that spouse’s name. (You’ll have to submit a special form to the bank, along with a copy of your divorce decree.)
You and your spouse may waive any right to alimony in your Illinois divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
When you get your completed forms with Illinois 3StepDivorce™, your next step will be to file your divorce paperwork in the Illinois circuit court in the county where either you or your spouse resides. (Learn more about the process of filing for divorce in Illinois.)
Filing fees in Illinois vary from county to county, so you’ll need to contact the circuit court clerk to find out the fees at the court where you plan to file. Most courts’ fees will range from $300 to $350.
If you can’t afford to pay the filing fees, you can ask the judge to waive the fees. You can request a fee waiver by filing an Application for Waiver of Court Fees. Illinois Legal Aid Online has an online program to help you prepare a fee waiver request. If the court grants your request to waive fees, you will not have to pay any court costs–such as filing fees or fees for issuance of service of process–during your divorce.
Unlike some states, Illinois doesn’t have a “waiting period” between when you file your divorce and when the court can start processing it. Illinois courts can begin processing divorce cases as soon as the time has passed for the non-filing spouse to respond to the petition (usually 30 days). This means that your uncontested divorce will be complete as soon as the court has capacity to finalize it–usually no longer than two or three months.
Illinois 3StepDivorce™ provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our Illinois Divorce Online Help Center at (888) 665-6782 (toll free), Monday through Friday from 8 am to 5 pm (Pacific Time).
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about Illinois law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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