Illinois does not automatically divorce couples. In order for divorce to be finalized, one or both spouses must file for a legal separation in the proper court. If the couple is separated and lives apart, they can file for a divorce decree that ends their marriage.Once the divorce petition is filed, the Illinois court will schedule a hearing date and time. The petitioner (the person filing for the divorce) and respondent (the spouse being divorced from) both need to attend the court hearing. At the hearing, both sides will have an opportunity to present evidence and make their case. The court will then make a decision on whether there is enough evidence to support a temporary or permanent divorce. If there isn’t enough evidence, the court will likely postpone proceedings or dismiss the case.
How much does it cost to get a divorce in Illinois?
Because of the complexity of Illinois divorce laws, it is nearly impossible to give an exact price estimate. However, the following should provide an approximation:1. Calculate the total cost of your divorce case by multiplying the following variables together:a. The number of attorneys you are hiring (public attorney, court-appointed attorney, and attorneys for child support and property settlement).b. The hourly rate for your attorneys (this will vary depending upon their experience and reputation in the particular jurisdiction).c. The average hours each attorney will put in to your case (this will vary depending on the complexity of your divorce case and how quickly you need this rendered).d. The cost of filing fees (there are filing fees associated with all court documents required during a divorce case).e. Other legal expenses that may be incurred such as additional filings required by any relevant agencies or entities (such as child support modifications or probate matters required by your county courthouse).f. Other miscellaneous expenses that may arise throughout the course of your case such as copying fees, travel expenses (when necessary), etc.2. Calculate the advance financial needs allowance by subtracting one-half of your monthly income from one year prior to filing for divorce (after taxes have been deducted). This allowance remains in effect until financial needs are established by a court order or a party incurs an unavoidable expense that cannot be avoided even with all available funds.
How long do you have to be separated before you can get a divorce in Illinois?
In Illinois, a marriage is legally dissolved if either spouse petitions for divorce and the marriage is irretrievably broken.The 90 day waiting period required before filing for a divorce ends if the couple lives apart for: A continuous period of one year or more (the two do not have to be married to count as being in a dating relationship) Five years if the spouse is 65 or older or has a disability. Seven years if the spouse is pregnant or has severe illness, disability or impairment. Ten years if one spouse has been absent from the State of Illinois for one year without authority.