Step 2: Take the completed forms to the 8 th floor of the Daley Center or any suburban municipal district courthouse. Step 3: Serving your summons. There are five options for serving your summons. If you do not think you will be able to achieve personal service, it is strongly recommended that you seek legal advice to find out the legal ramifications of service by publication. Step 4: The Respondent has 30 days to file his or her appearance from the date of service. If you do not file at least an appearance within 30 days after being served, the court can hold you in default, and the Petitioner can proceed with the case without providing you further notice.
Step 2: There is a fee for filing an appearance and response. Step 3: Please note that you do not have to wait until the Petitioner sets a court date if you wish to file a motion. You may file a motion at any point once you have filed your appearance. Honorable Timothy C. Evans, Chief Judge. Home Court Locations Contact Us. Friday, November 08, Filing and Answering a Petition for Dissolution of Marriage or Civil Union Below, please find the procedural steps for filing and answering a contested petition for dissolution of marriage or civil union.
The Ultimate Guide to Getting Divorced in Illinois | Survive Divorce
Filing a Petition Answering a Petition. Domestic Relations Division Home. About Domestic Relations Division. Assignment of Domestic Relations Division Cases. Domestic Relations Division Personnel. Filing Domestic Relations Division Cases. The courts will also charge a fee to file these papers as well. And any additional motions filed with the court by either spouse will also result in added costs as well.
In some instances, it may be possible to ask a judge to waive the fees associated with filings in a divorce case. To do so, you will need to demonstrate that you do not have the means to pay and complete a waiver form. You will also need to pay some sort of a retainer up front to start the process. In some cases, a judge may require a couple to go through mediation as part of the divorce process. Fully contested divorces can run into the tens of thousands of dollars depending on how contentious the divorce is, what kind of assets are involved, and how much disagreement there is with child custody and support issues.
How long it takes to get a divorce in Illinois will depend on what kind of divorce you are planning to go through. In an uncontested divorce, the process can take as little as two months from start to finish, assuming you meet all requirements, such as at least one spouse must have lived in Illinois for at least 90 days before they can file for divorce. When children are involved, they must have been Illinois residents for at least six months. If a divorce is filed as uncontested, there is no waiting period in Illinois.
Divorces that are flagged as contested will typically have a six-month waiting period. Once paperwork is filed, within two weeks you should receive a case number and notification of the judge who will preside over your case. After service, a spouse is given 30 days to respond to the complaint and to inform the court whether the divorce will be uncontested or contested.
Both spouses will then attend an appearance. If there is no response to the summons, the judge will set a court date out another four weeks or thereabouts. There can be several court appearances that can take place in a contested divorce, but Illinois has a law that says unless it is agreed upon in writing, all custody cases must be resolved within 18 months of being filed. After all issues are settled, a judge will schedule a prove-up which is a final hearing to review and past judgment on all issues.
Divorce in Illinois
Every divorce has financial issues that need to be addressed. In some cases, a family law attorney can provide all the information you need. A CDFA can help you understand the long-term impact of your decisions so you can weigh the pros and cons.
In fact, working with a CDFA can actually lower the cost of your divorce by giving you more clarity to make decisions which cuts down on the back-and-forth negotiations. Bifurcation means that both parties in a divorce can legally divide their divorce into two stages. The first part satisfies the grounds for the divorce and the second part addresses the financial aspects of the divorce such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized.
Illinois allows bifurcation under statute ILCS b. The circumstances for bifurcation are narrowly drawn under this statute and while it is allowed there are some disadvantages to bifurcation. Courts do not like the fact that bifurcation creates judicial inefficiency, meaning that a divorce will actually have to go through two hearings instead of one. Couples will also need to understand that they could rack up more legal bills by going through two hearings instead of one as well.
Bifurcation also removes some of the incentives to settle outstanding and contentious issues which can be a powerful motivation to seek and resolve settlement. The bottom line is that if someone wants to divorce another person in Illinois, there is no way to stop the process. However, if the divorce process has started but a final decree has not been issued and the spouses have reconciled, it may be possible to have a petitioner file a motion seeking to dismiss the complaint, thus ending the divorce action.
Once a final decree has been issued, the divorce if final. If two people decide they want to reconcile at that point, they will have to get married again. It provides a summary of the rights and responsibilities of each party, including financial responsibilities and a division of assets. Once the divorce decree is issued, parties are legally free to marry another person.
The divorce decree is a legally binding document, and if either party does not meet the requirements and obligations set forth in the decree, the other party can take legal action to correct any deficiencies. After a divorce decree has been granted, the Illinois Department of Public Health, Division of Public Records will receive the information pertaining to the divorce and record it.
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The Division of Vital Records can only verify that a dissolution of marriage has taken place. But to obtain a certified copy of a dissolution record, a person must contact the circuit court clerk in the county where the dissolution was granted. You must complete an Application for Verification of Dissolution of Marriage in all instances. Ridgely Ave. Springfield, IL Orders can be faxed to These orders may take 7 business days to process.
Incomplete or illegible applications will not be processed. An adult signature is necessary to accept the UPS delivery. UPS deliveries cannot be made to post office boxes. The person requesting the verification will be asked to show a valid photo identification card. Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur.
A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. You can email him at jason survivedivorce. Please leave this field empty. State Overview State Resources. A Guide to Divorce in Illinois Every divorce in Illinois is unique to some degree or another, but most all must follow the same rules and procedures no matter what the circumstances are.
The differences between divorce, annulment and separation What are the grounds for divorce in Illinois? What kind of divorce is right for you What is the process of filing for divorce in Illinois? Completing proof of service Can you file for divorce online? Filing for divorce in Illinois without using a lawyer How much will it cost?
How long does it take? Should I retain the services of a certified divorce financial analyst? Bifurcation of marital status in Illinois Can I cancel, refuse, contest, stop or reverse a divorce in Illinois? What is a divorce decree? What is proof of divorce? The differences between divorce, annulment and separation Married couples can end their marriages three ways in Illinois. Grounds for getting an annulment in Illinois include: Coercion or duress.
A filing must take place within 90 days. Mental incapacity, due to mental deficiencies or due to the influence of drugs or alcohol.
How Do I File for Divorce in Illinois
A filing must take place within 90 days after learning of the incapacity. This refers to misrepresentation about the ability to have children, wealth, social standing or other deceptions. A filing must take place within 90 days of discovering the fraud. Physical incapacity to consummate the marriage. The condition must have existed at the time of the marriage and the innocent partner was not aware of the condition at that time.
A filing must take place within one year of learning about the condition. Under age. One party was 16 or 17 and did not have parental consent. What are the grounds for divorce in Illinois? Understanding what your divorce options are Understanding the different divorce process options is a critical first step in moving forward. So, what are your divorce options? What is the process of filing for divorce in Illinois? This is the preferred method of service in Illinois. After the sheriff has served your papers to your spouse, you will receive a proof of service document which you must then file with the court.
Service by special process server. This method allows you to publish notification of your divorce in a local newspaper.