How do I file for divorce? The process can be relatively straightforward, although factors such as the presence of children or significant assets add nuances to the process. An important step is to verify you meet the legal requirements to file. Another is to get the proper forms from Cook County.
An attorney can streamline the process of filing for divorce, advocate for you, and make sure you follow legal requirements. Call The Rogoff Law Group at (847) 768-2194 for assistance with filing and other family law matters such as contested or uncontested divorce, child custody, child support, and property division.
What Are the Grounds for Divorce in Illinois?
Illinois has 1.5 divorces per 1,000 people, and irreconcilable differences are the grounds for divorce in the state. This means the marriage has broken down beyond repair, and trying to fix it would be impractical or would fail. Before Jan. 1, 2016, spouses in the state could file on fault-based grounds.
Most of the time, both spouses show irreconcilable differences by agreeing they want a divorce or by practicing some form of physical separation. For example, there is a presumption of irreconcilable differences if the spouses have been living apart for at least six months.
If one party is unwilling to divorce, the other can show irreconcilable differences by living apart in some way. A mandatory six-month separation period may apply if one spouse is unwilling to divorce. The spouses can still live in the same house, with one sleeping in a different room or different area of the home. The date of separation is the date the spouses no longer slept in the same room. If the spouses disagree on their date of separation, it could lead to delays in the divorce proceedings.
Any Illinois divorce checklist should show that at least one of the spouses must have lived in the state for 90 days or more before the court can sign the divorce paperwork. You can file if neither spouse meets the requirement, but a final judgment will not be possible until the 90-day standard is met. You can use driver’s licenses, utility bills, bank accounts, and other methods to prove residency.
The petitioner (person who files) should file at the county courthouse in his or her county of residence. It is possible to file online with eFile in Cook County courts.
Steps for Filing for Divorce in Illinois
Before you file for divorce, consider whether you want to work with a divorce lawyer. While filing can be straightforward, it is a technical process and often takes a lot of time. You might not be aware of rights or possibilities that a lawyer can discuss with you. Bypassing legal support could hurt you both in the short and long term.
Assess the Need for a Lawyer
Divorce lawyers can help with issues such as property division, parenting time, alimony, and the long-term implications of possible decisions. Lawyers can reduce the risk of delays and offer you support and security. If you are filing in Cook County, get a lawyer who practices regularly in the county and knows its requirements.
File in Your County
To file for divorce, start with your county of residence. If you live in Chicago or Des Plaines, get the paperwork from Cook County’s Domestic Relations Division. You can get the documents online or in person.
Some forms depend on whether the spouses have children together. For instance, a spouse may need a parenting plan for a dissolution of marriage with children. Also, an order of protection may be necessary if domestic violence is an issue and there is no existing order.
You will need to gather information on your property, debts, and parenting plan, among other things, before you file.
Serve Your Spouse
You can arrange for service via a sheriff, mail, or other means. The respondent has 30 days to respond. The court sets a date after the respondent is served.
How Long Does the Divorce Process Take in Chicago or Des Plaines?
The period before a divorce becomes final can be anywhere from two months to several years. If the spouses have children, divorces usually take at least a few months to ensure that parenting plans and other arrangements meet the children’s best interests. Parents may also have a hard time agreeing on custody matters.
A contested divorce can take many months to several years, depending on variables such as discovery, negotiations, mediation, and trial. Sometimes, one spouse is concerned with how to find hidden assets in a divorce. Steps such as subpoenas and forensic investigation may be necessary to unearth these assets. They add to the timeline.
What is an amicable divorce, and is the process faster? Amicable divorces should resolve in a much shorter period than contested divorces. These divorces typically have mutual agreement on the issues, collaboration between the parties (sometimes with mediators and attorneys), reduced conflict, and less stress.
A joint simplified dissolution of marriage often takes as little as one day from filing. Both spouses need to be present for the hearing. These splits do have strict income, real estate and marital property requirements as well as others such as being married less than eight years and having no children younger than 18 years old.
Otherwise, a simple uncontested divorce may take about two to three months. In uncontested divorces, both parties agree on the issues. In a default divorce, one party does not respond to the divorce petition. This process can be quick, a few months, but still needs proper notice and waiting periods.
A divorce in which the parties do not agree at the beginning, but seek mediation, may take about six months.
The Rogoff Law Group can help with filing for divorce and related matters such as child custody and property division. Contact us today.
