How long does it take to finalize divorce in Illinois?

How long does it take to finalize divorce in Illinois?

In Illinois, there is no mandatory waiting period for an uncontested divorce as long as you meet the residency requirements. A contested divorce usually has a waiting period of six months. Overall, finalizing a divorce in Illinois can take anywhere between 2 months and a year.

What happens after you file for divorce in Illinois?

Once a divorce petition is filed, court approval is required to remove the children from Illinois. If neither party continues to live in Illinois, the petition may be subject to dismissal or transfer if another state already has jurisdiction or if Illinois does not have jurisdiction over both parties.

What are the steps to divorce in Illinois?

What are the basic steps for filing for divorce?

1. First, you must meet the residency requirements of the state in which you wish to file.
2. Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
3. Third, you must file divorce papers and have copies sent to your spouse.

Can you finalize a divorce without the other person signing?

You and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be done without a spouse’s signature. Assuming your spouse does not file a response, a judge will file a default hearing on your uncontested divorce.

How do you finalize a divorce?

What Are the Main Steps in Finalizing a Divorce?

1. Make sure you qualify to file for a divorce in your state.
2. Make sure all the required paperwork is filled out and filed with the appropriate court.
3. Give your spouse legal notice that you are filing a divorce.
4. Go through the waiting period that is required by your state.

Is dating during separation adultery in Illinois?

Illinois is a no-fault divorce state, but there may be other consequences. Before your divorce is final, romantic or sexual relationships with anyone other than your spouse is considered adultery—and, while rarely prosecuted, it’s also a class A misdemeanor in Illinois and 19 other states.

Who serves divorce papers in Illinois?

Under most circumstances, the appropriate Illinois County Sheriff’s Department or a private process server will serve the Summons, along with the document that was filed. When serving a family law or divorce papers it’s common for service attempts to be made at a party’s residence or at their place of employment.

How long do I have to respond to divorce papers in Illinois?

30 days
Usually, you have 30 days from when you were served the divorce papers to file an Appearance and an Answer. If you ignore the divorce papers, you won’t go to jail or pay a fine.

Does Illinois require separation before divorce?

The state of Illinois requires the spouses to live separate and apart for six months prior to filing for divorce. However, this rule can be waived under some circumstances, including mutual agreement of the parties.

How long do you have to be separated before divorce is automatic?

There is no such thing as an “automatic” divorce. You can apply for divorce on a number of grounds, two of those are based on separation of two years or more.

How long are notarized divorce papers valid?

How long do I have to serve the papers? You have 60 days from the day you file your divorce papers to serve your spouse. If you are not able to serve within that time, you can request more time. You should request more time before the 60 days is up if you can.

How long does it take to file divorce papers in Illinois?

Once the papers are served by a process server the clock starts ticking and your spouse has only 30 days to file papers with the court. Just mailing the papers with the Dear John letter, or sending them via Fed Ex or e-mail or fax or whatever isn’t good enough to start the clock.

How to get a divorce in Illinois for free?

See the overall process of getting a divorce in Illinois when you have children. Illinois Legal Aid Online provides a guided interview that will ask you a series of questions related to this topic and then the program will complete the forms for you. It is free to use.

What happens at a divorce trial in Illinois?

A trial is the last step in the Illinois divorce process. If you were unsuccessful coming to an agreement with your spouse, then at the trial the Judge will be presented evidence from both sides. The Judge will also hear testimony from witnesses.

What does service of process mean in divorce?

Service of Process and The 30-, 60-, or 90- Day Delay: “Service of process” means officially notifying your spouse that a divorce case has started. We usually don’t have to do this — just sending a Dear John letter will usually get the other side to respond or hire an attorney.