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If a person wants to end a marriage, they can file for divorce. In a divorce, the court ends the marriage and all the legal benefits that are a part of that marriage. A divorce can be contested. This means the spouses do not agree. Or, a divorce can be uncontested . This means the spouses agree, not only to getting a divorce but to all the issues involved in the divorce.
Some spouses might qualify for a joint simplified divorce. There are specific legal requirements for this type of divorce. But if you qualify, your case can be finished more quickly.
It is best to have a lawyer for a divorce if you can. But you can also do it without one.
How long a divorce takes
There is no way to know exactly how long it will take to get a divorce. The length of time depends on many things. If both spouses can agree on how to settle issues in the divorce, the process will be shorter. However, if both spouses cannot agree, the divorce process will take much longer and will be more costly.
Contested divorce
Contested divorces can take 18 months or more to be resolved. A divorce is contested if spouses disagree about:
- Whether to get a divorce,
- Where the children should live,
- Where a pet should live,
- How much child support should be paid,
- How property should be split up,
- Who should pay certain debts, or
- Whether "maintenance" or spousal support (alimony) should be paid.
Uncontested divorce
Uncontested divorces are usually faster than contested divorces. But they can still take 6 months or more to be resolved. A divorce is uncontested if both spouses agree on all the issues. The terms of the agreement must be reasonable and cover support of the children, if any . A judge must also approve the agreement.
If one spouse files for divorce, and the other does not reply by filing an Appearance and Answer, it will be an uncontested divorce. This will also mean the other spouse may be found in default. The case will go on without the other spouse, and the court will make decisions based on what the first spouse says. Learn more about responding to a divorce case here.
Qualifying to get a divorce
To get a divorce, one spouse must have lived in Illinois for at least 90 days. You do not need to file for divorce where you got married.
A married couple can get divorced if they can prove to a judge there are "irreconcilable differences " between them. If the spouses have been living in different places for at least 6 months, the court assumes that irreconcilable differences exist. The spouses do not have to prove that they can no longer get along.
There are no other reasons that a judge will allow for getting a divorce in Illinois. Illinois does not require one spouse to be “at fault” for the divorce. You also don't need to prove misconduct or fault by the other spouse to file.
What is decided in a divorce
At the end of a divorce case, a judge will issue an order called a "decree" or "judgment ." This officially ends the marriage. The divorce judgment will cover the issues listed below.
Property and pets
The judge will divide up the spouses' property between them. This includes:
- Money,
- Belongings,
- Real estate ,
- Debt, and
- Investments.
Learn more about dividing property in a divorce here.
A person in a divorce can also petition for custody of a family pet. The judge will decide which spouse will get custody. The judge can consider the best interests of the pet when making this decision.
Maintenance
The judge can order one spouse to pay the other spouse maintenance. This used to be called "alimony" or "spousal support." Learn more about getting maintenance after a divorce here.
Children
The judge will also set rules for spouses that have minor children. Minors are children under 18 years old.
The judge will decide parental responsibilities ("custody"). This covers parenting time and decision-making power. The terms "custody" and "visitation " are no longer used in Illinois in divorce cases.
The judge will also decide how much money the other parent will pay for child support.
Debt
"Marital debt" is debt that a couple gets while they are married. Spouses are responsible for each other's expenses during their marriage. Even if a debt was only in one spouse's name, creditors can still come after either spouse for it. An ex-spouse is not responsible for the other ex-spouse's post-divorce debts.
Parenting education
Parents must attend a court-approved parenting education program before the judge decides parental responsibilities. This class teaches parents ways they can avoid hurting their children during the divorce. Both parents must take this class within 60 days after the first meeting with the judge. Some courts may allow parents to take the parenting class online. Contact your local circuit clerk ’s office for information about a court-approved course. You should also see if you qualify for a fee waiver and how to get a "Certificate of Completion.” This certificate will prove you have completed the class The Center for Divorce Education has a list of available options. Some counties may require you to file your Certificate of Completion with the court. You should ask the judge’s coordinator if you need to file your Certificate of Completion.
Worried about doing this on your own? You may be able to get free legal help.
