After 30 years helping people file for divorce in Illinois, I can tell you the same thing I tell every client at our first meeting: this isn’t the worst day. The worst day was probably months ago, when you first realized this was going to happen. Today is when you start moving forward.
This guide walks you through what filing for divorce in Illinois actually involves. If you want a deeper read on the strategic decisions that come up during a divorce, check out my book I Just Want This Done, which has nearly 100 five-star reviews on Amazon and was named Best Family Law Book of All Time by BookAuthority. — Raif
Legal Requirements You Must Meet Before Filing for Divorce
Before you can file for divorce, you must meet residency requirements and have legal grounds for divorce.
Residency Requirements
Before an Illinois court will grant a divorce, one of the spouses must have resided in Illinois for at least 90 days. There is no waiting period to file for divorce as long as this requirement is met. You must file your divorce case in the county where you or your spouse reside.
Legal Grounds for Divorce
You must also have legal grounds before you can file a petition for divorce. Grounds are the legal justifications for a court to enter a divorce.
Illinois is a “no-fault” divorce state. The only grounds recognized in our state for divorce are irreconcilable differences. Illinois divorce law defines irreconcilable differences as differences that have “caused the irretrievable breakdown of the marriage.” The court can order the divorce if it determines that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”
Most spouses prove they have grounds for divorce based on a period of separation or by agreeing they have irreconcilable differences. An experienced family law attorney can help you establish your right to divorce.
How Long Do You Have to Be Separated to Get a Divorce in Illinois?
You do not have to necessarily be separated for a certain period of time in order to get a divorce in Illinois. However, if your spouse does not want a divorce, the easiest way for you to prove you have irreconcilable differences is to live apart for at least six months. This does not necessarily mean you live in a different place. You could simply live in a different portion of a shared residence during this period.
Illinois law recognizes an “irrebuttable presumption” of irreconcilable differences once spouses have lived separate and apart for at least six continuous months.
How to Prepare for a Divorce
Before you take the legal step to ask for a divorce, you can take steps to prepare yourself emotionally, legally, and financially for divorce. Some ways to proactively approach your divorce include:
- Gathering documentation – It is easiest to start gathering documentation while you still live in a shared residence and your spouse is not trying to block you from getting it. Gather legal documents, including your marriage certificate, birth certificates, Social Security cards, deeds, prenuptial agreements, and estate planning documents. Gather financial documents, including mortgage statements, bank statements, credit card statements, statements for investment accounts, paystubs, tax returns, and other information pertaining to your finances. Also, gather information related to your children, including contact information for schools, doctors, and friends.
- Identifying property – Marital property must be divided during a divorce in Illinois. Make a list and approximate value of your real property, vehicles, financial accounts, and personal property in your name and your spouse’s name.
- Considering what you want from the divorce – You can begin thinking about what you hope to accomplish with the divorce. Do you want certain property, such as the family home? Do you want primary custody of your children? How do you want your children to be raised and parenting time divided between you and your spouse? Thinking through this information now can help you better assess your legal options during the divorce process.
- Assembling a team – You may need various types of support throughout this process. You might wish to work with a counselor to help you deal with the grief of the loss of your marriage. You may want to work with a financial advisor who can help you create a new financial plan for your life after divorce and explain how different proposed plans may affect your future. A divorce lawyer can guide you through the legal proceedings and ensure you understand your rights.
- Enhancing your security – You may need to make changes to increase your security during the divorce. You will need a confidential way to speak to your divorce attorney, so you may need to set up a new email and physical address, such as a P.O. box. You may wish to increase the privacy settings on your social media accounts. If your case involves domestic violence, you can consider seeking a protective order.
If you want a more complete preparation framework, including the emotional and strategic preparation that doesn’t get covered in most legal articles, check out my book I Just Want This Done. It’s the same playbook I use with clients who come to me before they’ve made the final decision.
When You Should Contact an Attorney If Considering Divorce
It is best to contact a divorce attorney as early in the process as possible. An experienced divorce lawyer can help by:
- Explaining your legal rights and Illinois divorce laws
- Discussing your objectives for the divorce
- Preparing a legal strategy based on your particular circumstances
- Preparing your divorce papers
- Negotiating a favorable marital settlement agreement
- Advocating for your position in all legal proceedings
Contact STG Divorce Law today for a confidential consultation regarding your legal matter.
Legal Steps Involved in Divorce
The divorce process in Illinois generally consists of the following steps:
Gathering and Preparing Divorce Forms
Because divorce is a legal process, there are several legal documents that you must prepare, including:
- Petition for Dissolution of Marriage/Civil Union, which sets out your request for divorce and requested relief
- Financial affidavit, which discloses required information about your finances
- Summons, which explains that a civil case has been filed
An experienced attorney from our law firm can help fill out this paperwork and ensure that it is customized to your particular situation.
Filing the Divorce Forms
The divorce forms must be filed in the county where you or your spouse resides. You must pay the divorce filing fees.
Serving Your Spouse
Your spouse must be properly served with the divorce paperwork so they know there is a divorce case pending and what the petition is requesting. Your lawyer can ensure your spouse is properly served and provide the court with the proof of service.
Waiting for a Reply
Once your spouse is served, they have 30 days to provide a written response. Next, a court date is scheduled.
Completing Discovery and Asset Disclosure
Illinois spouses must provide a full and accurate financial disclosure to the other spouse. They may also participate in discovery, which is the formal process of exchanging information for a case. Spouses may answer questions and provide documents and other evidence during this process.
Preparing a Parenting Plan
In divorce cases that involve minor children, the spouses must provide a proposed parenting plan and account for child support. Illinois courts prefer that parents work out child custody arrangements on their own.
Parenting plans generally consist of two primary categories: allocation of decision-making authority and a parenting time schedule. The allocation of decision-making authority sets out how the parents will make important decisions regarding the child, such as where the child will attend school, what type of medical treatment they will receive, what religion they will be brought up in, and which extracurricular activities they will participate in. The parents may agree to make these decisions together or give one parent the primary right. Parents also set out a schedule for how the child’s time will be split between each parent.
If the parents agree on the terms of the parenting plan, they can file a joint agreement and ask the court to approve it. If they can’t reach an agreement, they can file a separate proposed parenting plan. Illinois family court judges have the authority to order parents to participate in mediation if they do not initially agree on custody arrangements. Mediation is a process in which a neutral third party facilitates communications and tries to get parties to reach an amicable settlement.
Illinois parents are also required to attend classes concerning the effects of divorce on children.
Negotiating
Illinois courts strongly encourage spouses to settle their cases to avoid litigation. Spouses may negotiate through their attorneys or as part of mediation. If the parties are able to reach a divorce settlement, they can file their proposed marital settlement agreement with the court.
Attending Pre-Trial Conferences
If the spouses do not agree on the terms of their divorce, pre-trial conferences are scheduled so the divorce lawyers can identify the outstanding issues they need the court to resolve.
Attending Trial
At trial, each spouse is able to present their case. They may testify, have other witnesses testify, and present evidence. The court can appoint an attorney to represent a child in a contested case. Under these circumstances, the parties are responsible for paying these fees.
The court applies state law to determine the outcome of the case, including Illinois’ equitable distribution laws to divide property. It uses the best interest of the child standard to determine child custody. The court considers various factors in assessing the child’s best interests, including any agreement between the parties, the parents’ work schedules, the child’s preferences, and the level of cooperation between the spouses.
At the end of the trial, the judge renders a decision. This decision is formalized in a written court order.
How Long Can Divorce Take in Illinois?
Every divorce case is different. Some divorce cases are resolved within a couple of months. Others take a year or longer. The length of a divorce in Illinois depends on several factors, such as:
- Whether the parties agree on the terms of the divorce
- Whether children are involved
- The willingness of your spouse to reach an amicable agreement
- The complexity of the legal issues involved in your case
The fastest way to get a divorce in Illinois is to proceed with an uncontested divorce. In an uncontested divorce, the spouses agree on their divorce terms, including property division, child custody, and child support.
Illinois also allows spouses to file a joint petition for simplified dissolution of marriage if they meet specific criteria, which can speed up the divorce process.
Contact Our Experienced Divorce Attorneys for Help with Your Case
The divorce process is emotional and complex. If you are considering divorce, an experienced divorce lawyer from STG Divorce Law can meet with you to discuss your situation and the legal requirements. Contact us today for a confidential case review.