How Do I Get a Divorce in Illinois

How Do I Get a Divorce in Illinois

Last updated: February 2009

topIntroduction

This Guide will help you understand the divorce process by:

  • Answering general questions about divorce in the "Common Questions" section;
  • Preparing forms for an uncontested divorce in the "Forms/Letters" section;
  • Explaining the steps you need to take to get a divorce in the "Instructions" section;
  • Giving you more information about how to file your case free of charge and how to go to court on your own in the "Related Articles" section.
  • Helping you find a lawyer in the "Find Legal Help" section.

Click on words that appear like 'this' to learn what these words mean.

topCommon Questions Print

  1. What will get decided in a divorce case?
  2. What are some of the reasons I can use to get a divorce?
  3. Can I use irreconcilable differences if I've been separated for only 6 months?
  4. How long do I have to live in Illinois before I can get a divorce here?
  5. How much does it cost to get a divorce in Illinois?
  6. What is the difference between a contested and uncontested divorce?
  7. What is a Joint Simplified Divorce?
  8. What if my spouse will not sign the divorce papers?
  9. What if I cannot find my spouse?
  10. Can I get a divorce without my spouse knowing about it?
  11. How long does it take to get a divorce?
  12. What can make the divorce take longer?
  13. What else can the judge do for me in a divorce case?
  14. Once I get a divorce, can I go back to my old name?
  15. Do I need a lawyer to help me with my divorce?

What will get decided in a divorce case?

Divorce involves four main areas: grounds, children, property and debts, and maintenance.

  • Grounds are the reasons why you are getting a divorce. Illinois law gives a list of grounds you can use. Each spouse is treated the same under the law even if one spouse behaved badly during the marriage.
  • If you have children together, your divorce will need to decide who the children will live with, how much child support will be paid, and the days and times for visitation.
  • Your divorce will also need to divide the property you have together and debts you owe from the marriage.
  • Your divorce will also need to decide if maintenance (or alimony) will be to be paid from one spouse to the other spouse.

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What are some of the reasons I can use to get a divorce?

The reasons you can use to get a divorce are called grounds. In Illinois, there are many grounds that are listed in the law. You can get a divorce under any of those grounds as long as you can prove them. These are the most common grounds because they are the easiest to prove:

  • Mental Cruelty: To prove mental cruelty you must describe repeated behavior by your spouse that made you feel sad, nervous, or upset. You must also show that you did nothing to make your spouse treat you in that way;
  • Physical Cruelty: To prove physical cruelty you must describe repeated physical acts of violence by your spouse towards you. You must also show that your spouse's actions injured you or made you scared, nervous or upset. You must also show that you did nothing to cause your spouse to act that way;
  • Irreconcilable differences:To prove this reason, you must be separatedfrom your spouse for at least 2 years. You must state that both of you have made all efforts to try to work out your problems, but your marriage cannot be saved.You do not need to describe any specific behavior your spouse did to prove irreconcilable differences.

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Can I use irreconcilable differences if I've been separated for only 6 months?

Yes. There is a special rule for irreconcilable differences for couples who have been separated for at least 6 months. Both spouses must sign a document called a "waiver." If the waiver is signed, you will not have to wait until the 2 year separation period has passed.

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How long do I have to live in Illinois before I can get a divorce here?

You or your spouse must have lived in Illinois for at least 90 days before filing for divorce.

For your divorce case to decide custody of your children, the children must have lived in Illinois for at least 6 months before you file for divorce.

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How much does it cost to get a divorce in Illinois?

There are usually two fees that you have to pay. The first fee is to file your case. You pay to the county Circuit Clerk a fee when you file your case. The second fee is the cost of making sure that your spouse has been notified that you filed a divorce case. This usually involves having a sheriff's deputy personally hand a copy of the divorce papers to your spouse or, if you cannot find your spouse, publishing a notice of the divorce in the newspaper.

The filing fees vary from county to county. Call your county's Circuit Clerk to find out the cost for filing a divorce case and serving the divorce papers. To find out how to contact your county's Circuit Clerk, visit the Illinois Courts' website.

If you cannot pay these fees, you may ask the judge to allow you to go ahead without paying. You will need to prove you have limited income. Visit the "Related Articles" section to learn how to ask the judge to let you file for free.

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What is the difference between a contested and uncontested divorce?

A contested case is when you and your spouse do not agree. You have a contested case if your spouse does not want a divorce, disagrees about where the children should live, disagrees about paying child support, disagrees about how property should be split up, disagrees about who should pay certain debts, or disagrees about whether maintenance should be paid.

An uncontested case is when you and your spouse agree on everything in your case. You have an uncontested case if you both want a divorce, agree on issues about your children, agree on how property should be divided up, agree on who should pay which bills owed, and agree if maintenance should or should not be paid.

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What is a Joint Simplified Divorce?

A Joint Simplified Dissolution of Marriage, or Joint Simplified Divorce, is a court process that makes it easier to get a divorce. Not every couple will meet the requirements for a Joint Simplified Dissolution of Marriage.

To qualify for a Joint Simplified Divorce: you and your spouse must agree on everything in your divorce case, you must be married for less than 8 years, have no children together, no real estate, be separated for at least 6 months, and together make less than $35,000 a year.

To learn more about Joint Simplified Dissolution of Marriage, go to the "Related Articles" section.

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What if my spouse will not sign the divorce papers?

Your spouse cannot stop you from getting a divorce by refusing to "sign the divorce papers." If you can prove that you have grounds for divorce under Illinois law, you can get a divorce. It is the judge and not your spouse, who decides to grant you a divorce. Even if your spouse ignores the divorce case completely, you can still get a divorce.

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What if I cannot find my spouse?

In all divorce cases you have to let your spouse know that you filed a divorce case.

If you cannot find your spouse to serve him or her with the divorce papers, then you can serve "by publication." You do this by publishing a notice in the local newspaper. Each county is different and you will need to contact your county's Circuit Clerk to find out which newspaper to publish your notice in. To find out how to contact your county's Circuit Clerk, visit the Illinois Courts' website.

You can only use service by publication if:

  • You could not find your spouse after making good efforts to do so, and
  • The wife of the marriage is not pregnant

If you have to serve by publication you will not be able to get:

  • Maintenance
  • Child Support
  • Visitation, or
  • Division of your property

These issues will be "reserved" which means that the judge will not make any decisions about them when the divorce is granted. If you find your spouse later, then you can go back to court to have those issues decided.

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Can I get a divorce without my spouse knowing about it?

No. One of the most important things you have to remember about your divorce case is that your spouse must have notice that you have filed for divorce so that they can take part in the case if they want to. Once your spouse receives a notice that you have filed for divorce, he or she can choose to ignore the case or get involved in it.

If your spouse chooses to ignore the case, then you can go ahead without their involvement. But your spouse must be given notice so that he or she can make that choice. If you do not give your spouse proper notice that you have filed for divorce, the judge cannot give you a divorce.

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How long does it take to get a divorce?

The quickest you can get a divorce is about 4 months after your case is accepted. If the case is contested and you cannot come to an agreement with your spouse, it may take a year or more to finalize your divorce.

There is no way to know exactly how long it will take you to get a divorce. It depends on many things; such as, how long it takes to notify your spouse about the divorce and whether your spouse then decides to take part in the case to fight about one or more things.

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What can make the divorce take longer?

Several factors can slow down the divorce process. These include:

  • The sheriff is having difficulty serving your spouse or cannot serve your spouse;
  • Your spouse either gets a lawyer or files an Appearance and Response;
  • Decisions about financial support such as child support or maintenance;
  • Awarding custody or deciding on joint custody;
  • Setting a visitation schedule for the non-custodial parent;
  • Division of marital property and marital debts;
  • Dealing with your emotions.

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What else can the judge do for me in a divorce case?

In addition to giving you a divorce, the judge can make the following orders:

  • Grant custody of any minor children you and your spouse have;
  • Set a visitation schedule for the parent that will not have custody of the children;
  • Set an amount of money to be paid as child support by one parent to the other;
  • Divide up property you and your spouse had during marriage;
  • Divide up who should pay any debts owed from marriage; and
  • Order one spouse to pay the other spouse maintenance (also called alimony or spousal support).

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Once I get a divorce, can I go back to my old name?

If you took your spouse's name after marriage, the judge can allow you to return to the name that you had before your marriage (i.e. your maiden name) or any other former name. The judge cannot allow you to take a new name that you never had before. If you wish to change your name to something new, you have to file a separate legal action asking for a name change.

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Do I need a lawyer to help me with my divorce?

It depends.

It is always a good idea to talk with a lawyer to know your rights even if you decide not to hire a lawyer.

If you think your spouse will disagree with you about an important issue, you have a contested case and you should get a lawyer to help you.

You may also need a lawyer if the issues in your case are complicated. For example, if you own a home, have pension or retirement accounts, have children, have special needs due to a disability, or need maintenance; you should talk with a lawyer.

If you are interested in legal assistance, click on "Find Legal Help."

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topForms/Letters

You may use these forms and instructions to help you solve your problem. To find out where to file court forms and if there are any fees to file the forms, check with your county Circuit Clerk. To find out how to contact your Circuit Clerk, visit the Illinois Courts' website.

IMPORTANT NOTE: The forms created by this interview are not for use if 1) either of you own real estate; 2) either of you have a pension; or 3) you think your spouse will contest the divorce. The interview will end if you answer "yes" to any of these questions. If this is your situation you should talk to a lawyer because the divorce may be too complicated for you to handle on your own.


topInstructions Print

  1. Get Your Court Costs Waived
  2. Prepare Your Forms
  3. File Your Forms
  4. Serve Your Spouse with the Divorce Papers
  5. Wait 30 Days (or until the “Default Date” if You Served by Publication)
  6. Get a Hearing Date
  7. Send the Notice of Motion to Your Spouse if He or She Defaulted
  8. Get Ready for the Hearing
  9. Go to the Hearing
  10. After the Hearing
  11. Mail the Judgment to Your Spouse
  12. If You Have Minor Children

Get Your Court Costs Waived

  • File your Application, Affidavit and Order to Sue as an Indigent Person;
  • If your Application is approved, you will get a stamped Order to Sue or Defend as an Indigent Person;
  • You will need to show this at each step of the process.

Go the “Related Articles” section to get more information on how to waive your court costs.

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Prepare Your Forms

Complete the Uncontested Divorce Documents Interview, which you can find in the “Forms/Letters” section of this guide. This should prepare all of the forms that you will need.

The forms will not print in the order that you will use them, and you will need to make photocopies of many of them. The rest of the instructions below explain which forms you will need for each step and how many copies you should make.

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File Your Forms

Pick the county in which you will file your divorce. You will file your divorce in the county in which you live if you live in Illinois. If you do not live in Illinois, file your divorce in the county where your spouse lives. The courthouse for your county usually resides in the county seat.

After you file the Application to Sue as A Poor Person to the Circuit Clerk and it is either approved or denied, you should file:

  • Petition for Dissolution of Marriage - original and 2 copies;
  • Summons – 4 copies;
  • Affidavit as to Military Service – 2 copies;
  • Order to Sue or Defend as an Indigent Person, if approved (You will not need to file this again, just keep a copy with you to prove to the clerk that you don’t have to pay the filing fees.)

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Serve Your Spouse with the Divorce Papers

If your spouse will agree to give up being served and agree to the terms of the divorce as you have asked for in your Petition, you should have him/her sign the Entry of Appearance, Waiver, and Consent form. If your spouse doesn’t sign the consent form then you must serve him or her.

To Serve by Sheriff:

  • Have the Circuit Clerk of the county where you are filing your divorce issue or certify your Summons;
  • Attach a copy of the Petition for Dissolution of Marriage to the copy of your Summons form;
  • If your spouse lives in the county where you filed for divorce, all you need to do is give both copies of the Summons to the Circuit Clerk and ask the Clerk to forward them to the Sheriff to be served;
  • If your spouse does not live in the county where you filed, you will need to fill out the form entitled “Sheriff’s Letter.” You can get this letter from your Circuit Clerk. Mail this letter along with both copies of the Summons to the Sheriff of the county where your spouse lives. Click on the title below to find the Sheriff’s contact information for the your spouse’s county:

National Association of Counties

  • 2 weeks later - Call the Sheriff to make sure your spouse was served. Mark the date that your spouse was served on your calendar.

To Serve by Publication:

  • If you have already filed an Application to Sue as a Poor Person which was approved by the Court, you can file a motion with the court to have the county pay the costs of your notice. You can get a Motion to Waive Publication Costs from your Circuit Clerk. If you can’t get this motion, you will have to pay the newspaper the costs of the notice;
  • You will need to wait to see if your Motion to Waive Publication Costs is approved. If it is approved, you can go on without having to pay the cost of printing the Notice in the newspaper;
  • Complete the Publication Notice, which you can get from your Circuit Clerk, and file it and your Affidavit for Service by Publication with the Clerk;
  • Send the Notice of Publication to a newspaper in the county where you filed for divorce. The newspaper must at least be a weekly paper. If there is no weekly paper in this county, you can use a paper in the next county if it comes to your county. If you received an Order (signed by a judge) waiving the publication costs, you should send this Order to the newspaper along with the Letter and the Notice;
  • The Circuit Clerk is supposed to send a copy of the Notice of Publication that you filed to your spouse’s last known address. Most Clerks do not do this and require you to perform this step. If this is the case in the county in which you filed, you will need to mail a file stamped copy of the Notice of Publication to your spouse. You will also need to file a Certificate of Mailing, which you can get from your Circuit Clerk, showing that you mailed a copy of the Notice as required by law;
  • After your Notice of Publication has run in the newspaper for 3 straight weeks, the newspaper should send you (or the Clerk) the Certificate of Publication. The Certificate is a letter or a form that the newspaper fills out which proves that the Notice ran for 3 consecutive weeks and has a copy of the Notice that appeared in their paper. If it is sent to you, you must file it with the clerk.

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Wait 30 Days (or until the “Default Date” if You Served by Publication)

During this time your spouse can file an Answer and Appearance if he or she wants. If you are trying to serve by publication has until the date you listed on the Notice of Publication to file his or her response to the divorce. If he or she does not file a response in that time, he or she can be held in default and you can keep going with your case. Keep in mind, however, that the person you are suing cannot be held in default unless there was 30 days between the date listed in the Notice of Publication and the date the Notice first appeared in the newspaper.

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Get a Hearing Date

Once you have served your spouse, you will need to wait 30 days to see if he/she files a response to your Petition. If your spouse has failed to file a response after 30 days have passed, you should ask for a hearing date. If the person you are suing has signed an Entry of Appearance, Waiver, and Consent form waiving service, you do not need to wait the 30 days before asking for your hearing.

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Send the Notice of Motion to Your Spouse if He or She Defaulted

Depending upon the county in which you filed your divorce, you will need to contact either the Circuit Clerk or the secretary of the judge who usually handles the divorce cases to request a hearing date. You can do this either by phone or by mail. When contacting the clerk or the judge’s secretary, be sure to ask for the default or pro se hearing date. Usually you do not have to tell your spouse of the hearing if he or she has signed an Entry of Appearance, Waiver and Consent or did not file a response within 30 days of the date of service. Some counties, however, make you send a Notice to your spouse of the hearing. If this is the case, you will need to fill out and send the Notice form to your spouse and file the Certificate of Mailing of Notice to certify when you mailed it.

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Get Ready for the Hearing

You will need to prepare the Judgment of Dissolution of Marriage form.

If you have children, you should also have these child support forms:

  • Joint Parenting Order (if you are asking for joint custody)
  • Uniform Order for Support
  • Notice to Withhold Income For Child Support (if you or your spouse is asking for child support)

Also bring all of the other documents that you filed when you started the divorce and any papers or documents that you used to help you fill those out (such as pay stubs, bank account information or tax returns).

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Go to the Hearing

While there is no way to know exactly what will happen at your hearing, here are some things you should do:

  • Bring with you your copies of all the documents you filed with the Circuit Clerk and any other papers relating to your divorce;
  • Write out everything that you need to say and bring this to court with you so you do not forget anything;
  • Arrive at least 30 minutes before your hearing. Whatever you do, don’t be late. Check the docket or ask the Clerk exactly what room you will be in. Tell the Clerk or the Judge’s secretary that you are ready to proceed when called and wait for your case number and name to be called;
  • When the Judge comes into the courtroom, stand until you are told to be seated. When your case is called, go up to the bench. Always refer to the Judge as “your honor";
  • Before you start, the judge may ask you some questions about your case. Be ready to answer whether your spouse was served, and if so, when. If serving by publication, be prepared to answer why you don’t know where your spouse is and when service was finished;
  • To testify, you will need to call yourself as a witness. At this time, the Judge will put you under oath and you will present your testimony using your written testimony as your guide;
  • After you have testified, present your Judgment of Dissolution of Marriage, the Uniform Order for Support (if child support will be ordered), and the Joint Parenting Order (if you are asking for joint custody) to the Judge for his or her signature. If the Judge wants corrections made, don’t panic, you can ask to submit a corrected one by mail.

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After the Hearing

After the judge has signed the Judgment of Dissolution of Marriage and the Joint Parenting Order (if you are asking for joint custody) you will need to file your Judgment and the Order (if you are asking for joint custody) with the Clerk and send a file-stamped copy of the Judgment to your spouse.

To certify (prove) that you have done this you will need to file a Certificate of Mailing with the Clerk. As with all documents you file, be sure to keep file stamped copies of these documents for yourself.

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Mail the Judgment to Your Spouse

If your spouse didn’t come to court for the hearing, or if the Judge doesn’t sign your Judgment on the day of the hearing, then you must mail a copy of the Judgment to him or her.

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If You Have Minor Children

If you have minor children and you know where your spouse works, you must:

* Send the Notice to Withhold Income to your spouse’s employer;

* Send your spouse a copy of the Uniform Order for Support, by certified mail. When you mail it you will get a green receipt card. Attach this to the Affidavit of Service of Uniform Order for Support, then file the Affidavit with the court;

* File your Certificate of Mailing with the clerk;

* Get a file-stamped copy of the Certificate of Mailing;

* Send a copy of the Notice to Withhold Income to the State Disbursement Unit and to the Child Support Enforcement Unit. Their addresses are:

State Disbursement Unit

P.O. Box 5400

Carol Stream, IL 60197-5400

Division of Child Support Enforcement

Mail Response Unit

P.O. Box 19405

Springfield, IL 62794-9405

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Helpful Organizations
The following organizations may be able to help you with divorce

Organizations 1 of 5 |

1.

Land of Lincoln Legal Assistance Foundation - Southern Regional Office
Old National Bank Building
509 South University Avenue
3rd Floor Carbondale, IL 62901 | View map


Toll-free: 877-342-7891

Languages: English, French, Polish, Russian, Vietnamese, German, Italian, Japanese, Chinese/Mandarin, Spanish, American Sign Language, Tribal Languages, Korean, Cambodian, French Creole, Laotian, Urdu, Farsi, Arabic

We provide free legal help to low-income people in 65 counties in central and southern Illinois. We have five regional offices in Alton, Carbondale, Champaign, East St. Louis, and Springfield. We also have three satellite offices in Decatur, Charleston, and Mt. Vernon. We have a telephone intake, advice and referral center, the Legal Advice and Referral Center, which serves all 65 counties.

Our lawyers may be able to help you with:

  • Housing: evictions, foreclosures, lock-outs, utility shut-offs, contract for deed problems or trouble getting the landlord or housing authority to make repairs.
  • Family - cases for victims of domestic violence, such as orders of protection and divorce; custody cases when the parent who has been child's caretaker is in danger of losing custody; and some divorces. In some areas, we offer self-help clinics on divorce.
  • Consumer - debt collection, repossession, garnishments, home improvement problems, and consumer fraud.
  • Public Benefits and Health - TANF, SSI, General Assistance, Food Stamps, or Medicaid.
  • Other Services for Senior Citizens and Disabled Persons - Wills and powers of attorney for persons age 60 and over and persons who are HIV positive. Nursing home quality of care issues. (in some counties)
  • Education - cases for children with disabilities and for wards of DCFS.

Clients may be eligible for free legal assistance if they are low income or age 60 or over.

This office has a satellite location at 1004 Main Street, Mt. Vernon, IL 62864.

 

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