Free legal forms for filing your own divorce in illinois
Once this document is filed, the other spouse must be served this petition either by a private process server, or by the sheriff. However, the spouse is able to file papers individually or through an attorney submitting himself to the jurisdiction of the Court.
Once these papers are filed the divorce case begins. You must obtain the forms for filing for divorce from your local Circuit Court. Specifically, the forms vary from county to county, enough so that there's been no standardization of the forms. Divorcing parties in agreement about the terms of their divorce should consider using Rocket Lawyer's easy interview process to outline their terms in a Divorce Settlement Agreement which can be filed with your Petition.
Having a Divorce Settlement Agreement can prevent the need for a lengthy trial which is both time consuming and costly. In Illinois a divorce can be split into three phases, the temporary phase, the discovery and investigation phase and the resolution phase. The Temporary Phase This phase is meant to stabilize the situation temporarily. Usually this phase is handled informally through each person's attorney. Periodically cases must be resolved by a Court hearing.
If a case enters into a hearing during the temporary phase, the Court will enter in a Court Order which will bind each party until a final judgment is reached, the case is dismissed, or the case is settled. The temporary phase's goal is to keep up the status quo and solve any immediate issues that the family may be facing that would cause the divorce. In a domestic violence case for example, calling for a restraining order upon the domestic violence offender would be a type of temporary stabilization. However, a spouse does not have to leave the living condition if he or she is not harming the other spouse and or children.
Anything day to day is handled in the temporary phase. The Discovery Phase This phase in the divorce involves the identification of the contested issues. If little is contested as far as assets and debts, some couples may choose to waive formal discovery. However, in many cases a spouse wants to be certain that the estimate provided by their spouse is true and attributable. In this case, formal discovery is necessary.
In formal discovery requests are made for documents and financial statements. During the discovery phase parents are also supposed to determine what type of custody they are fighting for. If parents are fighting for physical custody of the child, often the parents must attend Mediation and alternative dispute system that employs a trained family law mediation who attempts to resolve all the disputes.
Also, the court might appoint a "Guardian Aid" to the child. The Guardian Aid advocates for the best interests of the child and reports to the court in attempts to finding what living situation and custody situation is best for the child. This phase is a bit ambiguous. For some couples this phase is the longest and the most drawn out, for others where their assets are easy to identify and they have no children this phase could almost be virtually eliminated. The Resolution Phase This phase is usually where the case settles. Each case is different, but with compromise many cases can find a settlement.
It becomes impractical to fight over little things, and once a divorce has reached this stage the process itself has been going on for at least 3 months. The experience is trying and a settlement is usually in the best interest of almost everyone. If a case is being settled then the settlement documents are then prepared and signed by both parties. A short hearing is then held in front of a Judge.
This "Prove — Up" Hearing is meant so that the judge can hear what the circumstances and settlement are. If the judge finds this settlement unfair i. Please note that some of these reasons for divorce will require proof in the court, making them a bigger challenge than others. Sole or joint legal custody can be awarded in Illinois divorce cases.
These custody agreements are based upon what would be in the best interests of the child or children as well as the following factors:.
Agreed Divorce Attorney Lake County | Uncontested Divorce Lawyer IL
It is presumed that maximum involvement and cooperation of both parents would be in the best interests of most children. Joint parenting does not mean equal parenting time in all cases. In some cases, custody can be set up as a short-term solution to be revisited at a later date if the family or living situation is expected to change dramatically. Child support is designed to make sure the children of divorcing parents will have access to the same level of care and lifestyle that they had before the divorce took place.
Child support is not meant to be punitive in nature. Illinois has put into place specific state-mandated child support guidelines which apply in almost every case, barring exceptional circumstances.
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Either or both parents can receive an order to pay necessary child support payments, without regard to fault or misconduct. However, the court can adjust property division if there is evidence of abuse by a parent. If the official guidelines are not appropriate in a particular case due to extraordinary circumstances, the following factors will be considered:.
How to Apply for a Fast Divorce in Illinois
The court can require support to include a health insurance premium. Support payments may be ordered to be paid to the clerk of the court. The state provides official guidelines for the amount of support which is expected. Alimony, which is also known as spousal support, is sometimes ordered by the court to help one spouse live in a manner established during marriage after the divorce. It is often ordered if one spouse has a much higher earning power than another--such as if one spouse had served as a homemaker during much of the marriage, for instance.
This support or assistance may be decided upon by the couple together before filing or may be awarded by the court in a contested case. The court may award maintenance, also known as spousal support or alimony, to either spouse for a period of time it considers just. The factors which may be considered are:. When a couple chooses to divorce in Illinois, they must distribute property in a fair and agreeable manner. The separate property of each spouse will be retained by the spouse who currently owns it.
Illinois Divorce Mediation
This separate property consists of:. The factors for consideration in this case are:. Why us? Review the OnlineDivorce.
grupoavigase.com/includes/167/6134-chica-torre-del.php If either spouse requests it, or if the court takes initiative, the court can order a reconciliation conference if it is felt that there is any possibility of reconciliation. The state recommends mediation in many cases involving custody. For those seeking to prepare their divorce papers using OnlineDivorce. This can be the simplest way to assure a fast, easy and affordable online divorce.
Illinois forms produced by OnlineDivorce. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce. When you file your divorce papers, the court will charge filing fees that may vary by county.
These costs are in addition to the cost of using OnlineDivorce. Please check with your local courthouse to determine the exact amount.