how to file for divorce in illinois for free

Divorce in Illinois: A Step-by-Step Guide to Filing for Free

Getting a divorce can be an emotionally and financially draining process. However, if you’re facing the inevitable, it’s important to know that you’re not alone and there are resources available to help you navigate the process, even if you’re on a tight budget. Here’s a comprehensive guide to help you file for divorce in Illinois without breaking the bank.

Getting Started: Preparing Your Case

Before you file any paperwork, it’s crucial to gather the necessary information and documents. This includes:

• Your full name and the last four digits of your Social Security number
• Your spouse’s full name and the last four digits of their Social Security number
• The date of marriage and separation
• The reason for divorce (e.g., irreconcilable differences)
• Any property or assets you and your spouse own
• Any debts or liabilities

Petition for Dissolution of Marriage

The first step in filing for divorce is to file a Petition for Dissolution of Marriage with the court. This document outlines your request for a divorce and the reasons behind it. You can obtain the petition form for free from the circuit court clerk’s office in your county.

Filing the Petition

Once you’ve completed the petition, you need to file it with the court and pay the filing fee. However, if you cannot afford the filing fee, you may qualify for a fee waiver. To request a fee waiver, you need to complete a Financial Affidavit and submit it with your petition. The court will review your affidavit and determine whether or not you qualify for a waiver.

Serving the Petition

After filing the petition, you need to serve your spouse a copy of the petition and summons. This can be done in person by a sheriff or process server, or by certified mail. Once your spouse has been served, they have a certain number of days (usually 21 days) to respond to the petition.

Response to the Petition

Your spouse has the option to file a response to the petition. The response should state whether or not they agree with the terms of the divorce and any counterclaims they may have. If your spouse does not file a response within the allotted time, the court may grant you a default judgment.

Negotiation and Settlement

Once your spouse has filed a response, you and your spouse will need to work together to negotiate the terms of your divorce. This may involve dividing assets, determining child custody and support, and resolving other issues related to the marriage. If you and your spouse can reach an agreement, you can present it to the court for approval.

Trial

If you and your spouse cannot reach an agreement, you may need to go to trial. A trial is a formal hearing where a judge will hear evidence and testimony from both parties and make a final decision on the terms of the divorce.

Divorce Decree

After the trial, the judge will issue a divorce decree. The divorce decree will finalize the terms of your divorce and become a binding legal document.

Seeking Legal Assistance

While filing for divorce in Illinois for free is possible, it’s important to remember that divorce is a complex legal process. If you have any questions or concerns, it’s advisable to seek legal assistance from an attorney.

Other Resources

In addition to the resources mentioned above, here are some other organizations that may be able to provide assistance:

• Illinois Legal Aid Online: www.illinoislegalaid.org
• Prairie State Legal Services: www.pslegal.org
• Land of Lincoln Legal Aid: www.landoflincolnlegal.org
• Chicago Volunteer Legal Services: www.cvls.org

Conclusion

We hope this guide has provided you with the information you need to file for divorce in Illinois for free. Remember, you’re not alone in this process, and there are resources available to help you. We encourage you to reach out to friends, family, or a legal professional if you need additional support.

Check out our other articles for more information on divorce and related topics:

• How to Prepare for Divorce Financially
• Divorce After 50: What to Expect
• How to Cope with Divorce Emotionally

FAQ About How to File for Divorce in Illinois for Free

How can I get a divorce in Illinois without a lawyer?

P: You can file for divorce in Illinois without a lawyer by representing yourself (pro se).
A: You can represent yourself by completing and filing the necessary paperwork with the court.
S: Contact the court clerk’s office for guidance and forms.

What forms do I need to file?

P: The required forms vary based on your specific situation.
A: Generally, you will need a Petition for Dissolution of Marriage, a Summons, and a Certificate of Service.
S: You can obtain these forms from the court’s website or the clerk’s office.

How much does it cost to file for divorce in Illinois?

P: The filing fee is typically around $170, which may be waived if you meet certain income requirements.
A: Contact the court clerk’s office for information on fee waivers.
S: Additional costs may include service of process and court hearings.

Can I file for divorce online?

P: No, you cannot file for divorce online in Illinois.
A: You must file your paperwork in person at the courthouse.
S: Electronic filing is not available for divorce cases.

How long does it take to get a divorce in Illinois?

P: The divorce process can take several months to complete.
A: The waiting period alone is 90 days from the date the Summons is served.
S: The timeline may vary depending on the complexity of your case.

What if I have children?

P: If you have minor children, you will need to file additional paperwork regarding custody, support, and parenting time.
A: The court will consider the best interests of your children when making decisions.
S: It is recommended to seek legal advice for cases involving children.

What if my spouse does not agree to the divorce?

P: If your spouse contests the divorce, the process may be more complex and adversarial.
A: You may need to go to court for hearings and present evidence.
S: Consider mediation or collaborative divorce options to resolve differences amicably.

Can I get a divorce if I am not a US citizen?

P: Yes, you can file for divorce in Illinois even if you are not a US citizen.
A: You will need to provide proof of your identity and residency.
S: Consult an immigration attorney for guidance on legal implications.

What if I am incarcerated?

P: You can file for divorce while incarcerated.
A: You will need to request an appearance by video conference or mail to sign the necessary paperwork.
S: Contact the court clerk’s office for instructions.

Can I get married again after getting a divorce in Illinois?

P: Yes, you can remarry once your divorce is final, which is 90 days after the judgment is entered.
A: You may need to obtain a certified copy of your divorce decree for marriage license purposes.
S: Wait for the legal waiting period to elapse to avoid any complications.