Last updated: July 2014

Introduction

If you want to end your marriage you can file for divorce.

Grounds, or reasons, for divorce include:

• Mental Cruelty
• Physical Cruelty
• Drug Addiction or Drunkenness

You can also get divorced for irreconcilable differences, or “no reason” if:

• You are separated from your spouse for at least 2 years. If you both agree to the divorce, then you must only be separated for 6 months; and
• You state that both of you have made all efforts to try to work out your problems, and that your marriage cannot be saved.

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

Common Questions

1. What will get decided in a divorce case?
2. What are some of the reasons I can use to get a divorce?
3. If my marriage license was never registered do I have to file for divorce?
4. Can I use irreconcilable differences if I've been separated for only 6 months?
5. How long do I have to live in Illinois before I can get a divorce here?
6. Can I move my divorce case to the county I live in?
7. How much does it cost to get a divorce in Illinois?
8. What is the difference between a contested and uncontested divorce?
9. What is a Joint Simplified Divorce?
10. What if my spouse will not sign the divorce papers?
11. What if I cannot find my spouse?
12. Can I get a divorce without my spouse knowing about it?
13. How long does it take to get a divorce?
14. What can make the divorce take longer?
15. Can I make my spouse leave the house while the divorce is pending?
16. What is temporary relief?
17. What else can the judge do for me in a divorce case?
18. Can my spouse still use our married name after we divorce?
19. Once I get a divorce, can I go back to my maiden name?
20. Do I need a lawyer to help me with my divorce?
21. What is marital property?
22. Am I responsible for my spouse's debts after we are separated?
23. Is a divorce from a civil union similar to a divorce from marriage?
24. Is a divorce from a same-sex marriage any different?

What will get decided in a divorce case?

A divorce will include ending the marriage, child related issues, dividing marital property, and deciding if either spouse will pay maintenance.

Dissolution of Marriage: This is the legal term for divorce. The Court will end your marriage and all the legal benefits that are a part of your marriage.

Child Related Issues: If you have children, the court will decide which parent the children will live with, how often the other parent can visit the children, and how much money the parent will pay for child support.

• Parenting Education: Illinois requires parents to attend a parenting education class before the judge decides a divorce. This class teaches parents ways that they can act to avoid hurting their children during the divorce. Both parents must take this class within 60 days after the first meeting with the judge. The course is at least four hours long. Contact your local Circuit Clerk’s Office for specific information on how to meet this parenting education requirement. In cook County you can complete the Divorce Education Online and find more information about Cook County Parenting Education Programs.
• Issues related to child custody must be resolved within 18 months of the date of service of the Petition for Dissolution of Marriage, unless the judge agrees that there is a good reason to delay deciding these issues.

Property: The Court will divide the marital property fairly. Any bad behavior has nothing to do with how the property is divided.

Maintenance: The Court will also 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?

You can get divorced for a reason (grounds) or with no reason (irreconcilable differences).

Irreconcilable Differences:

• Irreconcilable differences is also know as a "no fault" divorce.
• To prove this reason, you must be separated from your spouse for at least 2 years. If you both agree to the divorce, then you must only be separated for 6 months.
• You must state that both of you have made all efforts to try to work out your problems, and that your marriage cannot be saved.
• You do not need to describe any specific behavior your spouse did to prove irreconcilable differences.

Grounds:

• 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.
• Drug Addiction or Drunkenness: The addiction must go on for at least two years.

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If my marriage license was never registered do I have to file for divorce?

A valid marriage must have a license, a formal ceremony, and a registration with the County Clerk. If you marriage never involved any of these three events, you will likely not need a divorce. If your marriage included some of these events, you may need to file for divorce.

To find free legal help for your specific marriage click the "Find Legal Help" tab.

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

Yes. If both spouses agree to the divorce for irreconcilable differences and have been separated for at least 6 months. Both spouses must sign a a waiver. If the waiver is signed, you will not have to wait until the 2 year separation period has passed.

Just in case your spouse decides they are not in agreement, you may want to plead other grounds for divorce besides irreconcilable diferences.

Note: If you are separated and residing in the same house it is wise to sleep in separate beds and no sexual intercourse.

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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. You can only file for divorce in Illinois if you live in Illinois as your primary residence. For example, if you work in Michigan for several months of the year your primary residence must still be in Illinois.

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. However, there are exceptions to this and if where you live and can file for divorce is a concern you should talk with a lawyer.

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Can I move my divorce case to the county I live in?

If both spouses live in different counties, either county will suffice. But if both spouses live in the same county, the mutual county is the correct county. If you wish to change the county of the divorce case, you must bring it up in your answer to the divorce petition.

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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 a fee to the county Circuit Clerk when you file your case.
• The second fee is the cost of making sure that your spouse has been notified that you filed for divorce. 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
• 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
• Agree if maintenance should or should not be paid

Note: Just because a divorce is uncontested does not mean that the settlement terms will be approved by the Court. The terms can't be too unreasonable and children must be properly supported in accordance with the law.

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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 get 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
• You must not have any children together
• You must own no real estate
• You must be separated for at least 6 months
• Together you must 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 ask for a divorce.

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What if I cannot find my spouse?

In all divorce cases you serve your spouse giving your spouse legal notice that you have 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. You will be questioned by the Court as to these efforts.
• You have asked your spouse's family members, friends or colleagues if they know how to find your spouse.

It is also a good idea to conduct a basic internet search for your spouses whereabouts.

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

• Maintenance
• Child Support
• Visitation
• Division of your property that is not personal property or property located outside of Illinois

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?

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 decides to take part in the case to argue about issues such as custody and maintenance.

It is not uncommon for contested divorces to take in more than 18 months.

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What can make the divorce take longer?

Several factors can slow down the divorce process.

• Difficulty the sheriff has serving your spouse with divorce papers or finding your spouse
• Actions your spouse takes such as getting a lawyer or filing an Appearance and Response
• Decisions about financial support such as child support or maintenance
• Determining who gets cutsody of the children or deciding on joint custody
• Setting a visitation schedule for the non-custodial parent
• Division of marital property and any debts you and your spouse may have

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Can I make my spouse leave the house while the divorce is pending?

Once you've filed for divorce, you can seek a temporary order granting you possession of the house. You'll have to file a written request for temporary relief in the divorce case and go to court on that request.

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What is temporary relief?

Orders for temporary relief give certain rights and privileges to one of the parties until the case is finished. The temporary order is replaced by the final and permanent order at the end of the case. An order for temporary relief may include the following:

• Temporary custody and/or visitation
• Temporary child support
• Temporary maintenance (also known aas spousal support)
• Temporary exclusive possession of the home
• A temporary restraining order keeping the other party from selling or getting rid of property
• A temporary restraining order keeping the other party from removing a child
• Temporary attorney's fees
• Any other appropriate temporary relief

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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 property you and your spouse had during marriage
• Divide who should pay any debts owed from marriage
• Order one spouse to pay the other spouse maintenance (also called alimony or spousal support)

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Can my spouse still use our married name after we divorce?

Yes. The law does not force him/her to change his/her name after divorce.

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

If you took your spouse's name after marriage, the Court can allow you to return to your maiden name or any other former name.

The Court 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.

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

It is always a good idea to talk with a lawyer who will advise you of 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. You should talk with a lawyer if you:

• Own real estate
• Have pension or retirement account
• Have children
• Have special needs due to a disability
• Need financial support from your spouse

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What is marital property?

Marital property is any property or money gotten during the marriage. For example, if you were to buy a lottery ticket on the way to your wedding and won, this would not be marital property. If you were to buy a lottery ticket after your wedding on the way to your reception, this would be marital property.

Most Property is marital property. The following are not marital property:

• Property gotten as a gift, an inheritance, or left to to you in someone's will
• Property received in exchange for property gotten before the marriage
• Property received in exchange for property gotten as a gift, an inheritance, or left to you in someone's will
• Property owned by a spouse after a Judgment of Legal Separation.
• Property excluded by a valid agreement of the parties
• Any judgment or property obtained by a court judgment awarded to a spouse from the other spouse
• Property owned before the marriage

The court equitably divides marital property between the two spouses.

If the house title remains a joint tenancy after the divorce, one ex-spouse will still acquire the other ex-spouse's share of the property upon his/her death.

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Am I responsible for my spouse's debts after we are separated?

An ex-spouse is responsible any ex-spouse's expenses for the family during their marriage. An ex-spouse is not responsible an ex-spouse's post-divorce debts.

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Is a divorce from a civil union similar to a divorce from marriage?

Yes. Civil union divorces are the same as a marriage divorce.

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Is a divorce from a same-sex marriage any different?

No. Same-sex divorces are the same as any other divorce.

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Forms/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.

• Information Checklist for the Uncontested Divorce Forms - Use this checklist to help you complete the Uncontested Divorce Interview

• Uncontested Divorce HOTDOCS - A form preparation program to help you create documents to get an uncontested divorce including child custody and support.

• Joint Parenting Agreement A2J - A form preparation program to help you create an agreement to share joint custody of your child and a visitation schedule.

Instructions

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 cannot find your spouse to serve them with divorce papers after making good efforts to do so, 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

• 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 2 |

1.

Land of Lincoln Legal Assistance Foundation - Eastern Regional Office 302 North First Street Champaign, IL 61820 | View map Phone: 217-356-1351 Toll-free: 877-342-7891 Languages: American Sign Language, Arabic, Cambodian, Chinese/Mandarin, English, Farsi, French, French Creole, German, Italian, Japanese, Korean, Laotian, Polish, Russian, Spanish, Tribal Languages, Urdu, Vietnamese Send email | View Website

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 (LARC), 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 located at 737 Windsor Road, Charleston, IL  61920.

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