Want to end your marriage as quickly and inexpensively as possible? This article is for you. The information here will help you understand your options for completing an uncontested divorce in Illinois, including information on filing for divorce online.
You should know that if you and your spouse do not agree on all divorce terms, you will not qualify for an uncontested divorce, and so the information here will not be relevant to your situation.
Can you file for a divorce online in Illinois?
Yes, you can file for a divorce online in Illinois, but only for an uncontested divorce. However, you must still appear in court to finalize the divorce, regardless of the filing method. For more information see Can you get a divorce in Illinois without going to court?
There are many services that can help you complete your divorce mostly online, including our divorce service. One popular option is to use Illinois Legal Aid Online. This is a private non-profit that helps people fill out and e-file the necessary forms to complete their divorce in Illinois.
There are also for-profit services such as OnlineIllinoisDivorce.com and OnlineDivorce.com that purport to help folks complete their divorce online.
The bottom line: If you qualify for a joint simplified divorce or an uncontested divorce, you will be able to complete and file the necessary divorce paperwork online, but you’ll still have to appear in court to finalize the divorce. That being said, most folks find it enormously helpful to hire an attorney to either aid them or to handle this process entirely.
Learn More: The Paperwork You Need to File Get Divorced in Illinois
What is the fastest way to get a divorce in Illinois?
The fastest way to obtain a divorce in Illinois is through a joint simplified divorce, provided that you meet the specific eligibility requirements. If you don’t qualify for a joint simplified divorce, the next fastest option is an uncontested divorce.
Do I qualify for a joint simplified divorce in Illinois?
To qualify for a joint simplified dissolution of marriage in Illinois, you must meet specific requirements under 750 ILCS 5/452 of the Illinois Marriage and Dissolution of Marriage Act. These requirements include:
- You and your spouse are not dependent on each other for financial support or are willing to waive your right to spousal maintenance.
- The state of Illinois has jurisdiction over the divorce case based on your residency.
- You and your spouse have either lived separately and apart for at least six months, or you both agree to waive this requirement.
- You and your spouse do not have children or are not expecting any.
- Your marriage lasted less than eight years.
- Neither you nor your spouse own any real estate.
- Neither you nor your spouse has any interest in retirement benefits, except for IRAs with a combined total value of less than $10,000.00.
- The fair market value of all marital property, after deducting any loans collateralized by the property, is less than $50,000.00.
- The combined gross annual income of you and your spouse is less than $60,000.00, and neither of you has a gross annual income greater than $30,000.00.
- You and your spouse have disclosed all of your assets, liabilities, and tax returns for all the years you were married.
- You and your spouse have a written agreement dividing all assets that exceed $100.00 in value and deciding responsibility for debts and liabilities.
- You and your spouse have a written agreement dealing with the ownership of any pets.
It’s important to note that failure to meet any of these requirements will disqualify you from filing for a joint simplified dissolution of marriage.
What is the cheapest way to get a divorce in Illinois?
An uncontested divorce is usually the cheapest option for divorce in Illinois. In this type of divorce, both parties come to an agreement on most aspects and file jointly. Uncontested divorces are often suitable for couples with simple cases, such as those without children or significant assets.
Learn More: How to Get an Uncontested Divorce in Illinois
Do I qualify for an uncontested divorce in Illinois?
To determine if you are eligible for an uncontested divorce in Illinois, you must answer two questions:
- Do you and your spouse agree on all aspects of the divorce, including property division, child custody, child support, and alimony/maintenance?
- Do you meet the Illinois residency requirements (have you lived in the state for at least 90 days)?
If you answered “yes” to both questions, you are eligible for an uncontested divorce in Illinois.
How long does an uncontested divorce take in Illinois?
The duration of an uncontested divorce in Illinois varies based on how quickly you can resolve all the matters and how quickly the court schedules your hearing. The process usually takes 2 to 3 months but can take longer if there are delays.
Learn More: How Long Does Divorce Take in Illinois?
Can you get a divorce in Illinois without going to court?
No, you cannot obtain a divorce in Illinois without appearing in court. However, you may minimize court appearances by settling all matters outside of court and only appearing for finalization.
How long do you have to be separated before divorce in Illinois?
For a traditional contested divorce in Illinois, there is typically a six-month waiting period. However, there is no mandatory waiting period for an uncontested divorce as long as the state residency requirements are met.
Can you get a divorce in Illinois without an attorney?
Yes, it is possible to obtain a divorce in Illinois without an attorney. However, having an attorney can provide key benefits, as filing paperwork, serving your spouse, and attending court hearings and mediation sessions can be challenging without legal guidance.
Learn More: How to Find an Affordable Divorce Lawyer in Chicago
Can you get a divorce without the other person signing in Illinois?
If your spouse refuses to sign the final divorce papers, you can still obtain a divorce in Illinois by defaulting that spouse. This involves filing a Petition for Dissolution of Marriage and attaching a summons and serving both documents on the spouse who refuses to sign.
Who pays legal fees for divorce in Illinois?
According to the Illinois Statutes, each party is typically responsible for paying their own court costs and legal fees in a divorce. However, if there is a significant discrepancy in each party’s ability to pay, the court may consider this factor when determining who should pay the legal fees.
Learn More: How Much Does Divorce Cost in Illinois?
We Can Help You Get Your Divorce Done Fast
Vantage Group Legal Services is unlike any other law firm in Illinois, and our filing service can help you get a divorce online in Illinois. Our mission is to provide an opportunity for the local community to access legal services at an affordable cost.
All our network attorneys must have at least seven years of legal experience and must have gained notoriety in their specific area of practice before even being considered to be part of Vantage Group Legal Services. With us, you won’t deal with high hourly fees or retainers—just one affordable monthly subscription fee.
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