If you are considering such a proceeding, you should note the following: It is in the best interests of each of the parties to consult attorneys regarding the dissolution of their marriage. You should not rely exclusively on this information. This information is intended only as a guide for self-representation. Once you lose the right to maintenance in a legal proceeding, you can never again obtain maintenance from your former spouse. A judgment entered in a dissolution proceeding is final.
You will have no right to appeal. Such a judgment may only be set aside on grounds of fraud, duress, accident, mistake, or other grounds at law or in equity. You and your spouse remain married and cannot remarry until a judgment dissolving your marriage is signed by the Judge. Family Mediation Click here for more information on the 22nd Circuit Family Mediation Program Free viewers are required for some of the attached documents.
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You and your spouse also need to have been separated for at least two years. You may file in the Circuit Court in the county where either of you live. The most simple procedure in Illinois is called a Joint Simplified Procedure.
For either procedure, you would begin by preparing either a Petition for Simplified Dissolution of Marriage or a Petition for Dissolution of Marriage, along with various other supporting documents. One of these documents will be a marital settlement agreement outlining the division of assets and your agreement regarding any children for an uncontested standard procedure.
These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Judgment of Dissolution of Marriage. Grounds for divorce are legally recognized reasons to get a divorce and sever the marital relationship.
Approved Statewide Forms - Divorce, Child Support, and Maintenance Forms
There are also numerous fault-based grounds for divorce, including adultery, desertion for 1 year, drug or alcohol addiction for 2 years, cruel and inhuman treatment, and conviction of a felony. However, using any of these will add complexity to the process by requiring proof. A divorce involves dividing property and debts between you and your spouse. Generally, you will be able to keep your non-marital property, which is property:.
Joint Simplified Dissolution of Marriage
Alimony is called maintenance in Illinois. The judge will first determine if maintenance is appropriate after considering the following factors:. If you were married for more than 20 years, the judge must order maintenance for either the number of years of the marriage or permanently.
If you and your spouse cannot agree on custody, Illinois child custody law requires the judge to make a decision, after considering the following factors:. Child support is determined by reference to the Illinois child support guidelines. If you are considering an online divorce , LegalZoom can help you get the divorce documents you need.
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We help you fill out the paperwork and check it for completeness and accuracy, and provide step-by-step instructions for filing and completing your divorce. An offer of membership in our legal plan is not an endorsement or advertisement for any individual attorney. The legal plan is available in most states. Disclaimer: Communications between you and LegalZoom are protected by our Privacy Policy but not by the attorney-client privilege or as work product.
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How to Get an Order for Support.
Filing Fee – $289
Support Information Sheet. Income Withholding for Support. How to Get a Divorce No Children. Interim Fee Award Order. Order for Support.