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Your Illinois Divorce Laws 2017

Discover Your Illinois Divorce Laws and Save Time… ….by Understanding the Divorce Process in Illinois


Illinois Residency Requirement
According to the Illinois Divorce Laws and Illinois Divorce Guidelines, to get divorced in Illinois, the spouse filing the case must have been a resident of of the state for at least least 90 days before filing

Place of Divorce (Venue)
The case may be filed in:
The county where either spouse resides

Simplified or Special Divorce Procedures
Marital settlement agreements are specifically allowed and encouraged [750 Illinois Compiled Statutes Annotated; Chapter 5, Section 502]. In addition, Illinois has an approved "Joint Simplified Dissolution" procedure and petition found in 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 452.
To use this simplified procedure:
(1) the spouses must not have been married over 5 years;
(2) the spouses must neither have had nor adopted any children;
(3) the wife cannot now be pregnant by the husband;
(4) neither spouse can own any real estate;
(5) both spouses must certify that neither is dependent on the other for support [or must waive any type of alimony];
(6) the market value of all marital property must be less than $5,000.00;
(7) the combined gross annual income of both spouses must be less than $25,000.00.

Illinois Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences
(2) Irretrievable breakdown of the marriage
(3) Living separate and apart without cohabitation for 2 years (6 months if neither one of the spouses contests the divorce)

Grounds for a Fault based divorce:
(1) Impotence
(2) adultery
(3) habitual drunkenness for 2 years and/or drug addiction
(4) conviction of a felony
(5) willful desertion for 1 year
(6) cruel and inhuman treatment
(7) attempted poisoning or otherwise endangering the life of the spouse (8) infection of the other spouse with a communicable disease
(9) bigamy.


NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in Illinois, the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

  • An Agreed Divorce , defined by Illinois divorce guidelines and Illinois divorce laws, is a scenario where the spouses agree on the terms of the divorce such as Illinois property distribution, Illinois child support, or Illinois child custody. Most of our clients (75%) prefer the Agreed Divorce method and both spouses sign the divorce papers and are agreed to the terms of divorce.

  • A Default Divorce , according to the Illinois divorce guidelines and Illinois divorce laws, is a divorce where the other spouse doesn’t sign the Illinois Divorce forms or Illinois divorce papers, he/she doesn’t do anything at all with the divorce. They simply default on the case and the spouse who files for divorce gets whatever was asked for in the original paperwork.


Illinois Divorce Resources
Here are the important divorce resources for Illinois:


Process to file for Divorce in Illinois
There are only three basic procedural steps to a divorce:

  • File Divorce Papers for Illinois (Illinois Divorce Forms)
  • Notify Spouse of your filing for divorce in Illinois
  • Attend your Illinois divorce hearing


How The Illinois Divorce Service Works

Divorce Process in Illinois

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Your Illinois Child Custody Laws
Definitions: (source: divorce process in Illinois and IL divorce laws)

  • Visitation is the proposed plan the spouses have on WHERE the children will live and WHEN the children will see each parent
  • Legal Custody is the ability to make decisions in the life of the children. Such as, where the children will attend school and which church they will go to.
  • Physical Custody Is the choice of the location of where the children will live and which spouse they live with.

Illinois Child Custody in a shared arrangement, in one form or another, is the preferred method of our Illinois divorce customers. If a sole custody arrangement is to be considered, then there is usually a reason agreed upon by both parties that one parent is to have the children. Usually the financial status of a parent is not to be considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody may be awarded according to the best interests of the child.

Illinois Child Support Laws
If the parents are unable to agree to an amount of child support, there are guidelines that determine the amount of support based on the Illinois Child Support Guidelines. The guideline amount is presumed to arrive at an amount of support that is in the child's best interest. But, most divorcing spouses agree to a figure on their own, that will work just fine. Also, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a Legal Separation in Illinois.

Illinois Child Support Calculator
You can calculate your child support in Illinois right here.

Court Filing Fees
The Court filing fees are not included in the price of our service. To file for divorce in Illinois, fees must usually be paid when you file the Illinois divorce forms and Illinois divorce papers at your county courthouse. These fees vary between County to County, so it is best to call them and ask what the fees are in your County. Regardless of whether you are going through a divorce service, using a Illinois divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in Illinois, you will almost always be the one to cover the court fees which is standard procedure.

Illinois Divorce Laws for Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property is divided so that both parties agree to the division. The main concern here is to agree to the property division so that it doesn’t create a fight that one party will want to go to a Illinois divorce lawyer or divorce attorney to make the case into a Contested Divorce. Then you will have to incur the fees of a lawyer too.

  • Debts Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
  • Illinois Alimony Laws (Illinois Spousal Support Laws) In an Uncontested Divorce, Alimony may be awarded to either spouse for their support and maintenance after the divorce. Both parties must agree to it. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. In the Illinois divorce laws for alimony, it is possible for alimony to be paid in a lump sum payment of money or a payment plan. Alimony is not required for a person to get divorced in Illinois.

Missing Spouse in Illinois
If your spouse is missing and you cannot locate him/her, after diligent effort, you may still get a divorce in Illinois. It may involve the small expense of running a newspaper ad or something similar. We help you through the process with our FREE Missing Spouse Package.

Wife’s Last Name Change
Wife may receive her Maiden Name back during the divorce, if she chooses to. Our Divorce Service includes this name change in our service for FREE.


Divorce Laws and Guidelines





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