Illinois Grounds for Divorce.
Because Help Yourself Divorce is a “no-fault” divorce service, we will prepare your divorce papers based on the no-fault grounds that you and your spouse have been separated for at least 6 months. This means you and your spouse agree to file a no-fault divorce. If you have not yet been separated for at least 6months then you will be unable to file using our service until this requirement has been met. If you are not actually living separately and have questions about whether your particular circumstances qualify you as being “separated”, please seek advice from an attorney.
Illinois Residency Requirements.
At least one spouse must have been a resident of the state of Illinois for 90 days before you can file for divorce.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Illinois for at least six months and currently live in Illinois, or have lived in Illinois within six months of filing.
Filing for Divorce in Illinois.
Generally you will file your divorce in the Illinois county where either spouse lives.
Illinois Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
After you file your divorce papers with the court, you will need to “serve” your spouse with a copy of the divorce papers. However, in an agreed divorce, formal service by process server or Sheriff is not required. All you need to do is hand-deliver or mail a copy by regular mail. Your spouse will then sign a document stating he or she received the papers, and that document is filed with the Corte.
Waiting Period.
There is no specified waiting period before your divorce can be finalized. How long it takes will depend on the schedule of the court.
Illinois Final Uncontested Divorce Hearing.
Your divorce is finalized during a brief uncontested divorce hearing, which only the petitioner is required to attend. Your spouse can attend if desired, but he or she is not required to.
Guidelines for Determining Alimony.
Illinois laws allow for temporary or permanent maintenance (alimony) award if requested. Marital misconduct is not considered in the alimony guidelines. Illinois laws list the following factors to be considered by the court:
The income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking alimony;
The needs of each party;
The present and future earning capacity of each party;
Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;
The standard of living established during the marriage;
The duration of the marriage;
The age and physical and emotional condition of both parties;
The tax consequences of the property division upon the respective economic circumstances of the parties;
Contributions and services by the party seeking alimony to the education, training, career or career potential, or license of the other spouse;
Any valid agreement of the parties; and
Any other factor that the court expressly finds to be just and equitable.
-From Section 750 ILCS 5/501(a) of the Illinois Compiled Statutes.
Propiedad Settlement Agreement.
The propiedad settlement agreement that the parties submit to the court will be accepted unless thecourtfinds the settlement agreement to be unconscionable.
-From Section 750 ILCS 5/502(a) of the Illinois Compiled Statutes
What is Marital or Non Marital Propiedad.
“Non-marital property” is defined by Illinois laws as:
- Property acquired by gift, legacy, or descent;
- Property acquired in exchange for property acquired before the marriage, or acquired by gift, legacy, or descent;
- Property acquired by a spouse after a judgment of legal separation;
- Property excluded by valid property settlement agreement of the parties;
- Any judgment or property obtained by judgment awarded to a spouse from the other spouse;
- Property acquired before the marriage;
- The increase in value of property acquired by any of the above methods, whether the increase results from a contribution of marital property, non-marital property, the personal effort of a spouse, or otherwise; and
- Income from property acquired by a method listed above, if the income is not attributable to the personal effort of a spouse.
Everything else, including property acquired before the final divorce decree is entered, is considered “marital property.”
-From Section 750 ILCS 5/503(a) of the Illinois Compiled Statutes
Property Division Guidelines.
Each spouse’s non-marital propiedad is awarded to the spouse who it belongs to. The division of maritalpropertyis done without regard to marital misconduct, considering the following relevante factors:
- The contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit;
- The dissipation by each party of the marital or non-marital property;
- The value of the property assigned to each spouse;
- The duration of the marriage;
- The relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;
- Any obligations and rights arising from a prior marriage of either party;
- Any antenuptial agreement of the parties;
- The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;
- The custodial provisions for any children;
- Whether the apportionment is in lieu of or in addition to maintenance (alimony);
- The reasonable opportunity of each spouse for future acquisition of capital assets and income; and
- The tax consequences of the property division upon the respective economic considerations of the parties.
-From Section 750 ICLS 5/503(d) of the Illinois Compiled Statutes
Illinois Laws on Best Interest of the Child.
The court shall determine custody in accordance with the best interest of the child. Thecourtshall consider all relevant factors including the following guidelines:
The wishes of the child’s parent or parents as to custody of the child;
The wishes of the child as to custody;
The interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child’s best interest;
The child’s adjustment to his home, school and community;
The mental and physical health of all individuals involved;
The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
The occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person; and
The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
The court doesn’t consider conduct of a present or proposed custodian that does not affect the relationship to the child.
-From Section 750 ILCS 5/602 of the Illinois Compiled Statutes
Laws of Joint Custody.
Unless the court finds the occurrence of ongoing abuse, it shall presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well-being of their child is in the best interest of the child. There shall be no presumption in favor of or against joint custody but upon the application of either or both parents, or upon its own motion, the court shall consider an award of joint custody. The court may enter an order of joint custody if it determines that joint custody would be in the best interests of the child, taking into account the following:
The ability of the parents to cooperate effectively and consistently in matters that directly affect the joint parenting of the child. “Ability of the parents to cooperate” means the parents’ capacity to substantially comply with a Joint Parenting Order. The court shall not consider the inability of the parents to cooperate effectively and consistently in matters that do not directly affect the joint parenting of the child;
The residential circumstances of each parent; and
All other factors which may be relevant to the best interest of the child.
-From Section 750 ILCS 5/602.1 of the Illinois Compiled Statutes
Access to Records.
Illinois laws require that neither parent shall be denied access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records unless one parent is prohibited access to those records by a protective order.
Educational Program and Divorce.
In a case involving child custody, the court may order the parents to attend an educational program about the effects of divorce on children, if the court so desires.
Child Support Guidelines.
Child support is determined by Illinois statutes. Those laws use a percentage of the paying spouse’s net income, after certain specified deductions, as the basis for the child support calculation:
20% of net income for 1 child
28% of net income for 2 children
32% of net income for 3 children
40% of net income for 4 children
45% of net income for 5 children
50% of net income for 6 or more children
-From Section 750 ICLS 5/505(a)1 of the Illinois Compiled Statutes
Deviation from Child Support Guidelines.
If the court deviates from these child support guidelines, it must make a written finding why the deviation is appropriate, based on the following laws:
The financial resources and needs of the child;
The financial resources and needs of the custodial parent;
The standard of living the child would have enjoyed had the marriage not been dissolved;
The physical and emotional condition of the child, and his educational needs; and
The financial resources and needs of the non-custodial parent.
-From Section 750 ICLS 5/505(a)1 of the Illinois Compiled Statutes
Links:
Illinois Child Support Enforcement
Illinois Child Support Calculator