Illinois Divorce Laws Frequently Asked Questions |
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| 1. How long must I have lived in Illinois to file for divorce?
According to the provisions of the Illinois divorce law you are required at minimum to be a resident of the State for at least 90 days before being able to file for divorce. |
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| 2. What if my spouse doesn’t live in Illinois?
Under the Illinois divorce law there are no requirements for your spouse to live in Illinois. However, this complicates the divorce process. |
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| 3. How does this complicate my divorce process?
Your spouse needs to be served with divorce papers to inform him/her of the divorce complaint that you have filed in Illinois. Now you will need a server to serve this notice requiring more paper work and more time. |
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| 4. How long will it take for me get my divorce?
Each divorce case is unique and there really is no formula to calculate the time your divorce will take to be settled. The more complicated the divorce, the more time it will take to be decreed by the court. |
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| 5. What is the court filing fee for divorce in the State of Illinois?
The court filing fee for divorce depends on the county of Illinois that you are living in. |
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| 6. How do divorce attorneys in Illinois charge their clients?
Most Illinois divorce lawyers have an hourly rate that they charge their clients on. |
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| 7. How much will my divorce cost me?
Each divorce case is unique and the costs depend really on the time it takes to settle your divorce and the hourly rate that your Illinois divorce lawyer charges. |
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| 8. Do I really require the services of an Illinois divorce lawyer?
Yes, you require an Illinois divorce lawyer since he/she understands the divorce process much better. The law does allow you to represent yourself in the court but that is not advisable. |
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| 9. Can my spouse and I hire the same Illinois divorce lawyer in order to save money?
No, it is not possible for any Illinois divorce lawyer to represent both of the spouses in court. It is possible to hire the same Illinois divorce lawyer to prepare the divorce papers for both the spouses. |
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| 10. Is a common law marriage legally recognized in Illinois?
No, Illinois doesn’t recognize common law marriages. |
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| 11. Is Illinois a No-Fault State?
Yes, Illinois is a no fault State. However, in Illinois you can also file for divorce on grounds. No fault divorces finish faster. |
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| 12. How long does a couple have to be separated before being decreed as divorced?
If both the spouses have agreed to a separation and the divorce is irretrievably broken on no fault grounds then the Illinois divorce law requires a 2 year separation. In certain cases this period has been reduced to 6 months. |
