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.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. 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.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.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.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. 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.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.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. 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, andThe wife of the marriage is not pregnantIf you have to serve by publication you will not be able to get:MaintenanceChild SupportVisitation, orDivision of your propertyThese 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.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.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. 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.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; andOrder one spouse to pay the other spouse maintenance (also called alimony or spousal support).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.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."