Divorce papers in Illinois — filing for divorce in AL

Online divorce in Illinois

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How to get divorce in Illinois

Online Divorce provides qualitative and approved by Illinois courts divorce papers. The information below may help to understand more about the divorce in Illinois. onlinedivorce.com provides quick and inexpensive services of online divorce in Illinois.
The key conditions to get a divorce in Illinois are
:

1

The marriage must be legal and de jure formalized, which means that the marriage must be recognized by the laws of Illinois.

2

The residency requirements of the state must be met by the parties.

3

Pointing out the ground under which the marriage is to be terminated. State law allows couples to have both the fault and no-fault grounds, although the fault grounds for divorce must be proven before the court.

4

The appropriate Illinois divorce papers must be filled out and submitted to the court. Online Divorce may help with preparing all the necessary documents that correspond to the particular divorce case.

5

The copies of the divorce paperwork should be delivered to the non-filing spouse (Defendant) by one of the officially-allowed methods. Then some time is needed so that the court could issue a decision regarding the divorce.

Residency:

In order to apply for a divorce in Illinois, either spouse is required to reside in the state for 90 days. If there are children of the marriage the child(ren) must reside in the state for at least 6 months before filing the documents.

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Valid grounds to get divorce in Illinois

Illinois flag

State law recognizes two types of grounds: no-fault and fault.
The no-fault ground for divorce in Illinois is irreconcilable contradictions. Neither spouse must prove something before the court, but they are required to live "separate and apart" for at least 2 years before filing for divorce. However, this period can be reduced to 6 months, provided that the spouses formalize the marital agreement.

The fault grounds for divorce refer to the misconduct of one of the spouse. In Illinois, they are:

#1

Excessive use by a spouse of alcoholic or narcotic substances for at least 2 years;

#2

Impotence;

#3

Bigamy;

#4

Adultery;

#5

The defendant committed a crime during the marriage and received for this period;

#6

The respondent has committed psychological or physical violence;

#7

The defendant infected the plaintiff with a sexually transmitted disease;

#8

The respondent is guilty of gross or harmful habits caused by excessive use of alcohol or narcotic drugs for 2 years;

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Annulment of the marriage in Illinois

One type of marriage termination in the State of Illinois is the annulment. These are similar concepts with divorce, but the only difference is that only void marriages can be annulment, in other words, marriages that in the eyes of the law have no power. An invalid marriage is considered if it was registered with violations of state regulations.

For annulment are subject to marriages in which one of the following conditions is fulfilled:

  • One of the spouses did not have the opportunity to give his or her consent to the marriage, as during the marriage ceremony he or she suffered a mental disorder that did not allow him or her to soberly assess what is happening.
  • One of the spouses, through manipulation forced the second spouse to marry.
  • One of the spouses already had a legal spouse from another marriage, which was not terminated at the time of the marriage ceremony of the current marriage.
  • One of the spouses has not reached the age of 18 allowed to marry, but he or she did not have permission from the guardian or the court to conclude the marriage.
  • One of the spouses lacks the physical capacity to consummate the marriage through sexual intercourse, and hid this fact from the other spouse.
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Custody of the child in Illinois

Custody of the child

Decision regarding custody over a child in the state of Illinois is awarded based on what is best for the child. The following circumstances will also be taken into account:

  • The desire of the parent to be the guardian of the child;
  • The child's desire to stay with one of the parents;
  • Relationships in the family;
  • Domestic violence or the existence of facts of a threat to the lives of any of its members;
  • Mental and physical health of all family members;
  • The presence of the parent plan and its conditions;
  • The ability of parents to resolve disagreements among themselves with regard to decision-making;
  • Geographic location of each parent;

With a divorce in Illinois, the court can decide in favor of joint or individual custody . Under individual custody is understood that the child will live with one of the parents who is empowered to make important decisions regarding the child's life, as well as his or her daily affairs. The second parent can spend time with the child according to the schedule appointed by the court.

Joint custody implies that parents are equally able to make decisions regarding the upbringing of the child. However, joint custody does not entail equal time with the child. So a child can live with one of the parents by mutual agreement of the parties or a court decision.

Rules for child support in Illinois

With a divorce in the state of Illinois, the court usually decides on the financial support of underage children, but the amount of support is calculated using the Flat Percentage of Income Model. This model takes into account the number of children in the family and the total income of parents.
As a percentage, the model can be represented in the following form
:

 

1 child

20% of income

 

2 children

28% of income

 

3 children

32% of income

 

4 children

40% of income

 

More than 5

45% of income

 

More than 6

50% of income

Uncontested Illinois divorce with children
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Rules for spousal support in Illinois

Rules for spousal support

In Illinois, either spouse may request a spousal support from their former spouse. The court may grant an alimony after considering the numerous essential factors of a certain divorce case.
Under the laws of the state, there are such types of alimony
:

  • Temporary support - is the kind of alimony that is calculated to cover the period between filing a divorce form documents in the court and a final court decision. Usually this type of support covers the costs of the spouse for legal costs.
  • Short-term support - is the kind of alimony that is paid for a short period of time immediately after the divorce and is sent to help the spouse while he or she receives additional skills or education to be able to work with sufficient income.
  • Long-term or permanent support - are paid if the marriage lasted more than 5 years, the payment period is usually half the duration of the marriage.

The following factors are taken into account when deciding on maintenance and its amount:

  • the level and quality of life of the couple in marriage;
  • current and potential financial opportunities of each spouse;
  • the needs of each spouse;
  • the duration of the marriage;
  • tax obligations of the spouses;
  • education and professional skills of spouses;
  • the time that the needy spouse needs to acquire skills that will allow them to have a stable income;

Property division in Illinois

Property division

With a divorce in Illinois the rule of equitable distribution is applied to the division of common property. By common property is meant all the property acquired by the spouses during the marriage. All pension benefits and shares also belong to common property. Equitable distribution does not always mean equal division, but it will always be fair. Only marital property is subject to division, so non-marital property after the divorce in Illinois will remain for the original owner. To non-marital property can be attributed:

  • Property transferred from the spouse for free, by way of gift or inheritance;
  • Property transferred to the spouse as a result of the exchange of property acquired before marriage;
  • Property transferred to the property of the spouse as a result of a court decision;
  • Property acquired by the spouse before marriage;

The decision can be made after an analysis of a number of factors that took place to be in the marriage. This includes the duration of the marriage, the emotional and material contribution of each spouse to the arrangement of marital life, the age and level of health of the spouses, the decision concerning custody of underage children, the potential sources of income of each spouse, professional skills, employment opportunities, etc.

Divorce without a lawyer in Illinois

Cases, when a divorce is made without the participation of a lawyer, are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". The process of divorce in the state of Illinois can vary from county to county. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it may be rather convenient to initiate the Pro Se Divorce. 

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Mediation support in Illinois

If the court sees the possibility of reconciliation of the spouses, it in every way involves mediators in the case of divorce.

Divorce forms in Illinois

The main divorce form document that is needed to be filed is the Petition for Dissolution. This Illinois divorce papers contains a description of information about the spouses as well as the grounds for divorce. All the basic forms are available online, they can be found on the state website. However, the papers vary from county to county, so additional forms will depend on the circumstances of a particular divorce.

Uncontested divorce in Illinois

Uncontested divorce in Illinois

An uncontested divorce occurs when the parties agree on all issues of the divorce, such as custody of underage children, property division, financial support, etc. and make a settlement agreement.
Under the law, in Illinois, there is also the simplified divorce procedure called “joint simplified dissolution”.
It is applied to couples who can achieve genuine agreement on all disputes. To be able to use this procedure, the following conditions must be me
t:

  • the parties fill all divorce documents together; 
  • the parties can together attend the final hearing of the court; 
  • the marriage lasted no more than 8 years; 
  • the parties have no joint children, and the wife is not pregnant; 
  • the parties did not cohabit for at least 6 months; 
  • the parties do not have a common home, joint property amounts to less than $ 10,000, and the couple earn less than $ 35,000 of gross income; 
  • the parties do not apply for financial support; 
  • the ground for divorce is irreconcilable differences.

How to serve divorce papers in Illinois

It may be done with the help of a private process server or using a sheriff’s service. In the last resort, the Plaintiff can request a service by publication if the Defendant cannot be located.
Most counties welcome the Sheriff's service as the most appropriate way because once the paperwork is delivered the sheriff gives the Plaintiff a proof of service document.

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Filing fees for divorce in Illinois

The total cost of an Illinois divorce can't be predicted, due to the fact it depends on numerous individual factors. With the Online Divorce, it may contain the Illinois court filing fees and cost of using the service of online divorce in Illinois. This cost may vary by county.