How To File For An Illinois No-Fault Divorce?

Illinois is a no-fault divorce state, meaning that neither party needs to prove fault for the dissolution of the marriage. This was established when Public Act 99-90 went into effect on January 1, 2016. The process for filing for an uncontested, no-fault divorce in Illinois is much simpler with the help of an experienced family law attorney.

In Illinois, couples can initiate the divorce process by simply stating that the marriage is irretrievably broken and there are no legal reasons for divorce. No-fault divorces are available for couples who have been living separately and attempted reconciliation without success. The process requires a 90-day residency period, a 6-month waiting period, evidence of ceasing marital relations, and understanding of legal requirements. For a no-fault divorce, you must show that you and your spouse have lived separately for six months or longer.

To file for a no-fault divorce in Illinois, obtain and complete your county divorce forms and pull together all required information and documentation. There is no divorce waiting period for uncontested divorces in Illinois, but you still need to meet the residency requirement in order to get a divorce.

For a no-fault divorce in Illinois, you must show that you and your spouse have lived separately for six months or longer. To file an uncontested divorce, download the necessary paperwork from our divorce forms page and file them with your county’s clerk of courts. Illinois statute 750 ILCS 5-401 states that in order to get a no-fault divorce, at least one spouse must be a resident of the State of Illinois for at least 24 months.

In summary, Illinois is a no-fault divorce state, meaning that couples can initiate a divorce without proving fault. Understanding the grounds for divorce in Illinois can help make the process easier and faster to end the marriage.

Can A Spouse Refuse Divorce In Illinois?

In Illinois, a divorce can proceed without the agreement of both spouses, as one spouse cannot refuse the divorce. The state operates under no-fault grounds of irreconcilable differences, meaning misconduct does not need to be proven by the party seeking the divorce. Even if one spouse makes the process costly and drawn-out, they cannot prevent the divorce from proceeding. If the divorce case is dismissed due to lack of jurisdiction, the Illinois spouse can still file in the other spouse's state.

While a petitioning spouse must serve divorce papers to their partner, alternatives exist if the spouse cannot be located. Notably, neither spouse is required to sign documents to agree to the divorce, and the filing spouse can request a default judgment if the other refuses to participate. If facing difficulties, consulting a divorce attorney is recommended for guidance on advancing the process. If a spouse refuses to cooperate, there are legal options available to push forward with the divorce in Illinois, ensuring individuals can escape a marriage they no longer wish to continue. Ultimately, the law in Illinois allows for divorce even if one spouse does not agree or wish to finalize the paperwork.

How Long Does A No-Fault Divorce Take In Illinois?

In Illinois, a no-fault divorce generally takes around two months if it is uncontested. To proceed, one spouse must meet the state's residency requirement, after which they can file the necessary paperwork. This is followed by a prove-up hearing to finalize the divorce. However, if the divorce is contested, the process can take significantly longer due to various complexities.

Illinois does not impose a mandatory waiting period for uncontested divorces, which allows for quicker finalization. Despite this, couples must live apart for at least six months under the no-fault dissolution law based on irreconcilable differences. Upon filing for divorce, there is typically a waiting period of 90 days after serving the respondent or their court appearance.

Overall, the timeframe for finalizing a divorce can range from approximately two months to several years, depending on cooperation and the complexity of the case. This makes simple uncontested divorces much faster compared to contested ones, which may last for over a year due to various disputes. Thus, while Illinois supports an expedited divorce process, specific circumstances may alter the duration notably.

How Much Does A No-Fault Divorce Cost In Illinois?

In Illinois, the average cost of divorce typically ranges from $10, 000 to $15, 000, with higher costs generally associated with shared children. Pursuing an uncontested divorce can lower expenses considerably, with costs averaging between $2, 500 and $5, 000. For uncontested divorces, the average total is $4, 000-$5, 000, while resolving a single dispute outside of trial leads to costs of approximately $5, 800-$7, 300. Illinois allows for no-fault divorce, requiring a 90-day residency, a 6-month waiting period, and proof of a married couple's separation efforts.

These divorces usually take 3-6 months but can extend beyond a year depending on circumstances. The court filing fees differ across counties, and applicants must pay these fees unless a waiver is granted. Attorney fees are a significant part of the overall cost, averaging $260 per hour. Consequently, if a case proceeds to trial or involves additional complications, expenses increase. For straightforward cases, costs can be reduced.

In 2024, contested divorces in Illinois are expected to cost between $10, 000 and $15, 000, while uncontested options often range from $1, 000 to $5, 000. Illinois ranks as the 4th most expensive state for divorce, highlighting the financial implications for couples seeking to end their marriages.

What Is The Cheapest Way To Get A Divorce In Illinois?

In Illinois, the most economical approach to obtaining a divorce is through an uncontested divorce, where both spouses agree on key issues such as dividing marital property, debts, and alimony. This process can be initiated by an individual filing personally at the courthouse, resulting in minimal costs, primarily the filing fees, which range from $300 to $400. An uncontested divorce bypasses court hearings and lengthy paperwork, thus reducing costs significantly—often totaling around $700.

The average divorce cost in Illinois is approximately $11, 300, predominantly due to attorney fees. For those who qualify, a joint simplified divorce offers the quickest route, avoiding complications associated with contested divorces. If spouses are on amicable terms and can agree on the terms, the DIY method is the most cost-effective, requiring only the completion of necessary documents. Alternatively, online divorce services and legal mediators provide affordable options for those seeking professional assistance without incurring heavy expenses. Overall, if both parties cooperate and agree on the major aspects of the divorce, the process can be expedited efficiently and affordably, particularly through uncontested means.