See if you Qualify in Illinois
Online Divorce provides qualitative and approved by the court Illinois divorce papers. The information below will help you understand more about the divorce in Illinois. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of onlinedivorce in Illinois. We guarantee that in a short time you will receive the correct Illinois divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Illinois:
1. The first and one of the most important conditions for divorce is that the marriage has legal force. In other words, this is a legal marriage that was concluded without violating the rules of the state.
2. You or your spouse must reside in the state for a certain period of time before filing an Illinois divorce papers. Note that if there are underage children in the marriage, they also need to live in the state for a certain period, otherwise the court will not be able to decide on custody.
3. You and your spouse should discuss all the controversial issues regarding your marriage and come to a common decision. If there are no disputable issues, your process of divorce in the state of Illinois will be much faster.
4. You should have grounds on which you want to dissolve the marriage. State law allows couples to have fault and no-fault grounds, although in the first case you will need to prove to the court that your spouse is guilty of breaking your relationship.
5. Filling of Illinois divorce papers. This is one of the most crucial steps, since if you provide the court divorce form documents that have errors or completely wrong papers, the process of divorce will take a very long time. Therefore, most couples prefer to apply for help to Online Divorce - the best provider of divorce form documents in USA. With us you can be calm for your Illinois divorce papers, as we will prepare all the necessary documents for you in the shortest possible time. Online Divorce guarantees that divorce form documents compiled with our service will be 100% approved by the court.
6. After you file a lawsuit in court, the law of the state obliges you to notify your spouse about the beginning of the divorce proceedings. You must provide the spouse with copies of all the Illinois divorce papers that you registered with the court, and then bring to court a document confirming that you served your spouse. After this, the court will begin hearings regarding your case.
In order to apply for a divorce in Illinois, you or your spouse are required to reside in the state for 90 days. Also keep in mind that if you want the child's custody to be awarded in accordance with the rules of the State of Illinois, the child must reside in the state for at least 6 months before filing the documents.
Valid Grounds to get divorce
One of the main conditions for granting a divorce in Illinois is that the couple have reasons for which they want to divorce. State law provides the couple with two types of grounds: no-fault and fault. If you want to get a divorce on the basis of no-fault grounds, then you need to declare that between you and your spouse there are irreconcilable contradictions and you can no longer live together. A no-fault divorce implies that none of the spouses is blame for the break in the relationship. In this case, before filing a lawsuit on divorce in court, the spouses must live "separate and apart" for at least 2 years without any hope of reconciliation or renewing the relationship. However, this period can be reduced to 6 months, provided that the spouses will formalize the agreement in writing.
If you want to get a divorce in Illinois on the basis of fault grounds you must state that your spouse has made a mistake in marriage, which led to a break in relations. The following can be attributed to such reasons:
1) excessive use by a spouse of alcoholic or narcotic substances for at least 2 years;
5) the defendant committed a crime during the marriage and received for this period;
6) the respondent has committed psychological or physical violence;
7) the defendant infected the plaintiff with a sexually transmitted disease;
8) the respondent is guilty of gross or harmful habits caused by excessive use of alcohol or narcotic drugs for 2 years;
Note that if you file a lawsuit for a divorce in Illinois on the basis of the fault grounds, then you must provide the court with incontrovertible evidence of your spouse's guilt. The court will also consider it in the process of judicial proceedings. Therefore, many couples prefer to file for divorce on the basis of no-fault reasons, so as not to take all the dirty laundry for discussion in the courtroom.
One type of divorce in the State of Illinois is the annulment. These are similar concepts with divorce, but the only difference is that only void marriages can be annulment, in other words, marriages that in the eyes of the law have no power. An invalid marriage is considered if it was registered with violations of state regulations. For annulment are subject to marriages in which one of the following conditions is fulfilled:
1) One of the spouses did not have the opportunity to give his or her consent to the marriage, as during the marriage ceremony he or she suffered a mental disorder that did not allow him or her to soberly assess what is happening.
2) One of the spouses, through manipulation forced the second spouse to marry.
3) One of the spouses already had a legal spouse from another marriage, which was not terminated at the time of the marriage ceremony of the current marriage.
4) One of the spouses has not reached the age of 18 allowed to marry, but he or she did not have permission from the guardian or the court to conclude the marriage.
5) One of the spouses lacks the physical capacity to consummate the marriage through sexual intercourse, and hid this fact from the other spouse.
Custody of the Child
If before filing Illinois divorce papers you or your spouse meet the state's requirements for residency, but children born in a marriage have not resided in the state for at least 6 months, then the court can not decide on custody.
Decision regarding custody over a child in the state of Illinois is awarded based on what is best for the child. The following circumstances will also be taken into account:
1) the desire of the parent to be the guardian of the child;
2) the child's desire to stay with one of the parents;
3) relationships in the family;
4) domestic violence or the existence of facts of a threat to the lives of any of its members;
5) mental and physical health of all family members;
6) the presence of the parent plan and its conditions;
7) the ability of parents to resolve disagreements among themselves with regard to decision-making;
8) geographic location of each parent;
With a divorce in Illinois, the court can decide in favor of joint or individual custody . Under individual custody is understood that the child will live with one of the parents who is empowered to make important decisions regarding the child's life, as well as his or her daily affairs. The second parent can spend time with the child according to the schedule appointed by the court.
Joint custody implies that parents are equally able to make decisions regarding the upbringing of the child. However, joint custody does not entail equal time with the child. So a child can live with one of the parents by mutual agreement of the parties or a court decision.
Rules for Child Support
With a divorce in the state of Illinois, the court usually decides on the financial support of underage children, but the amount of support is calculated using the Flat Percentage of Income Model. This model takes into account the number of children in the family and the total income of parents. Thus, in order to receive fair financial support for your children, in your divorce form documents you must list all the children who were born in the marriage, as well as the most accurate indicate all sources of your income and income of your spouse. As a percentage, the model can be represented in the following form:
1 child: 20%
2 children: 28%
3 children: 32%
4 children: 40%
5 children: 45%
More than 6 children: 50%
However, there may be cases of departures from the above model, when the court will find grounds for the fact that the amount of financial support for the child is not correct. Financial support for the child will continue until he or she reaches the age of 19.
Rules for Spousal support
When you’ve decided to get a divorce in the state ofIllinois, there are situations when a court obliges one of the spouses to financially support the second spouse. Under the laws of the state, there are such types of alimony:
Temporary support - is the kind of alimony that is calculated to cover the period between filing a divorce form documents in the court and a final court decision. Usually this type of support covers the costs of the spouse for legal costs.
Short-term support - is the kind of alimony that is paid for a short period of time immediately after the divorce and is sent to help the spouse while he or she receives additional skills or education to be able to work with sufficient income.
Long-term or permanent support - are paid if the marriage lasted more than 5 years, the payment period is usually half the duration of the marriage. For example, if your marriage lasted 20 years, then alimony will be paid within 10 years.
The following factors are taken into account when deciding on maintenance and its amount:
1) the level and quality of life of the couple in marriage;
2) current and potential financial opportunities of each spouse;
3) the needs of each spouse;
4) the duration of the marriage;
5) tax obligations of the spouses;
6) education and professional skills of spouses;
7) the time that the needy spouse needs to acquire skills that will allow them to have a stable income;
Divorce without a lawyer in Illinois
If you apply for a divorce in Illinois, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Illinois can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce. To simplify the process, you can initiate an online divorce in Illinois. Our service will help you quickly prepare all the necessary divorce form documents, which will greatly accelerate the process of your divorce.
With a divorce in Illinois the rule of equitable distribution is applied to the division of common property. By common property is meant all the property acquired by the spouses during the marriage. All pension benefits and shares also belong to common property. Equitable distribution does not always mean equal division, but it will always be fair. Only marital property is subject to division, so non-marital property after the divorce in Illinois will remain for the original owner. To non-marital property can be attributed:
1) property transferred from the spouse for free, by way of gift or inheritance;
2) property transferred to the spouse as a result of the exchange of property acquired before marriage;
3) property transferred to the property of the spouse as a result of a court decision;
4) property acquired by the spouse before marriage;
Thus, in your Illinois divorce papers should bedescribe in detail all the types of property that you possess, so that the court could make a fair decision.
The decision will be made after an analysis of a number of factors that took place to be in the married. This includes the duration of the marriage, the emotional and material contribution of each spouse to the arrangement of marital life, the age and level of health of the spouses, the decision concerning custody of underage children, the potential sources of income of each spouse, professional skills, employment opportunities, etc.
If the court sees the possibility of reconciliation of the spouses, it in every way involves mediators in the case of divorce.
Divorce Forms in Illinois
If you decide to get a divorce in Illinois, then the main divorce form document that you need to sue will be the Petition for Dissolution. This Illinois divorce papers contains a description of information about your spouse as well as the reasons for which you want to get a divorce. All the basic forms are available online, they can be found on the state website. However, you will have to fill out additional divorce form documents, depending on which county you decide to file a lawsuit. Papers vary from county to county, so additional forms will depend on the circumstances of your divorce. If you fill in the Illinois divorce papers incorrectly, or send to court a form that does not correspond to the circumstances of your divorce, then this will lead to significant delays in the process of divorce and additional expenses.
Many couples prefer to use Online Divorce to prepare their divorce form documents. Our service is a simple and convenient way to quickly get all needed Illinois divorce papers. We give a 100% guarantee that forms filled out using the service of Online Divorce will be approved by the courts of Illinois.
Uncontested Divorce in Illinois
If you and your spouse agree on all issues of your divorce, such as custody of underage children, property division, financial support, etc., then such a divorce is called uncontested. Under the law with uncontested divorce in Illinois, there is a simplified divorce procedure called “joint simplified dissolution”.
It is applied to couples who can achieve genuine agreement on all disputes. To be able to use this procedure, the following conditions must be met:
1) you and your spouse fill all divorce form documents together;
2) you and your spouse can together attend the final hearing of the court;
3) your marriage lasted no more than 8 years;
4) you have no joint children, and the wife is not pregnant;
5) you and your spouse did not cohabit for at least 6 months;
6) you and your spouse do not have a common home, joint property amounts to less than $ 10,000, and as a couple you can not earn more than $ 35,000 of gross income;
7) you and your spouse do not apply for financial support;
8) the cause of your desire to dissolve the marriage are irreconcilable differences;
If you do not agree on at least one question, then your divorce will be contested. All questions on which you can not come to an agreement will be heard in the courtroom and the court will independently decide.
How to Serve Divorce Papers in Illinois
If you decide to get a divorce in Illinois, please note that state law requires you to provide your spouse with copies of your documents. There are several ways to serve your spouse. The simplest thing is to hire a sheriff from the county, where your spouse lives, so that he personally handles the divorce form documents. Once the papers are filed, you will receive a document confirming that you served your spouse. This document you need to bring to the court to your forms for divorce.
If you need to notify your spouse in the shortest time, then you can use the professional service of serving. This is a faster, but costly way to notify the spouse about the beginning of the divorce proceedings.
If you do not know your spouse's location, then you can order a publication in a local newspaper, this will be enough for the court to understand that you notified your spouse about the beginning of the process of divorce in Illinois.
Total fees will contain sum of Illinois court filing fees and cost of using the service of OnlineDivorce.com. This cost may vary by county. Please check with your local court officer to determine the exact amount.